Motion to Dismiss on Jurisdictional Grounds Gets Golf Resort Out of The Rough

The defense prevailed on a motion to dismiss for lack of personal jurisdiction on behalf of a prestigious golf resort in California. The resort was sued by a Pennsylvania plaintiff for severe head and cognitive injuries incurred on the resort premises.  The matter was originally dismissed on jurisdictional grounds by the Eastern District of Pennsylvania.  On appeal, the Third Circuit remanded the matter for the purposes of jurisdictional discovery, but the defense obtained a favorable ruling in that the court concluded that it did not see any basis for specific or general jurisdiction, to date.  On remand and following jurisdictional discovery and depositions, a renewed motion to dismiss on jurisdictional grounds was filed. The motion cited the recent Daimler AG v. Bauman decision by the U.S. Supreme Court and argued that jurisdiction as to the golf resort could  not be established.  The Eastern District dismissed the plaintiff's complaint with prejudice and the plaintiff decided not to appeal.