In
Ex parte Northstar Battery Company, LLC, [Ms. 1110612, Jun. 1, 2012] __ So. 3d __(Ala. 2012), the Supreme Court
granted the defendant's petition for writ of mandamus and ordered
the trial court to dismiss the plaintiff's claims against that defendant
for lack of personal jurisdiction. The case involved a property damage
claim arising from a fire that occurred during a construction project
at a manufacturing plant in Springfield, Missouri. The plaintiff, Apel
Steel, a subcontractor on the project, filed suit in Cullman County, Alabama
against the owner of the project, Northstar Battery Company, LLC ("Northstar"),
along with the general contractor and one of the plaintiff's subcontractors.
The complaint stated that venue was proper in Cullman County, Alabama
but did not contain any jurisdictional allegations. Thereafter, Northstar
filed a motion to dismiss for lack of personal jurisdiction, arguing that
the claims made by the plaintiff did not arise from events or omissions
that occurred in Alabama. Northstar's motion was denied by the trial
court. Northstar then petitioned the Alabama Supreme Court for a writ
of mandamus ordering the trial court to dismiss the case. In considering
Northstar's petition, the Supreme Court began by noting that the plaintiff's
failure to include any jurisdictional statements in its complaint relieved
Northstar of the burden of producing evidence negating jurisdiction. In
so doing, the Court rejected the plaintiff's argument that its statement
that venue was proper in Cullman County was a statement of jurisdiction.
Plaintiff offered no other evidence of jurisdiction over Northstar. As
such and in the absence of additional evidence of jurisdiction, the Court
concluded that plaintiff's complaint, standing alone, was insufficient
to carry plaintiff's initial burden of establishing personal jurisdiction
over Northstar. Consequently, the Supreme Court granted Northstar's
petition and ordered the trial court to dismiss the plaintiff's claims
against Northstar for lack of personal jurisdiction.
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