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Appellate Advocacy Keyed to Meador, 2nd Ed.
FMC Corporation v. Glouster Engineering Co.
Citation:
830 F.2d 770 (1987)Facts
FMC Corporation filed an antitrust suit against several companies, including German defendants, in the Northern District of Illinois. The German companies moved to dismiss, arguing they did not transact business in the Northern District of Illinois as required for personal jurisdiction under the Clayton Act. While this motion was pending, the Panel on Multidistrict Litigation transferred the case to the District of Massachusetts for consolidated pretrial proceedings with FMC’s patent infringement suit against one of the domestic defendants. The Massachusetts district court denied the motion to dismiss, ruling that the Clayton Act’s requirements for personal jurisdiction are satisfied if a defendant transacts business anywhere in the United States, not necessarily in the district where the suit is brought. The district judge certified this order for immediate appeal under 28 U.S.C. § 1292(b), and the German defendants applied to the Seventh Circuit for permission to appeal.
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