No. 21-4

C. Al Buis v. DLI Assets Bravo, LLC

Lower Court: Virginia
Docketed: 2021-07-06
Status: Denied
Type: Paid
Response Waived
Tags: borrower-agreement consent consent-clause due-process forum-selection forum-selection-clause guaranty-agreement loan-guaranty personal-jurisdiction specific-jurisdiction
Latest Conference: 2021-09-27
Question Presented (from Petition)

In a suit on a loan guaranty, can specific personal jurisdiction be involuntarily created over an out-of-state guarantor based solely on a co-defendant's consent, for itself, to a forum-selection consent clause in its two-party borrower agreement with the lender, when the guarantor did not negotiate or sign the co-defendant's borrower agreement nor sign or approve the defendant's alleged guaranty agreement, which guaranty had no forum consent clause itself and did not reference the forum consent clause in the borrower agreement?

Question Presented (AI Summary)

Whether a state court can exercise specific personal jurisdiction over an out-of-state guarantor based solely on a co-defendant's consent to a forum-selection clause in its borrower agreement, when the guarantor did not negotiate or sign the borrower agreement or the guaranty agreement

Docket Entries

2021-10-04
Petition DENIED.
2021-07-14
DISTRIBUTED for Conference of 9/27/2021.
2021-07-13
Waiver of right of respondent DLI Assets Bravo, LLC to respond filed.
2021-07-01
Petition for a writ of certiorari filed. (Response due August 5, 2021)

Attorneys

C. Al Buis
David Bruce TatgeDavid B. Tatge, PLLC, Petitioner
DLI Assets Bravo, LLC
Thomas Jonathan KokolisParker, Simon & Kokolis, LLC, Respondent