The Minnesota/Texas law firm of Droel pllc had its lawsuit against a client thrown out of Minnesota court for lack of jurisdiction even though the law firm had exchanged “hundreds” of communications between themselves and Turnkey, their Texas client.
Regular readers of Minnesota Litigator know we have a preoccupation with the doctrine of personal jurisdiction under U.S. law.
Specifically, the analysis focuses on whether someone “has reasonable expectation of being haled into court” and whether someone “purposefully avails himself of of the privilege of conducting activities in a particular state.” This reasoning has some obvious problems and needs some fixing. (The first factor is circular logic. The second is extremely ambiguous.)
What is important about the recent unpublished Minnesota Court of Appeals decision in Droel v. Turnkey for Minnesota litigators is the cautionary tale in Droel’s failure to open the matter with an engagement letter (aka a retainer agreement).