Facts

Mitsui O.S.K. Lines Ltd. sued Swiss Shipping Line S.A.L. in relation to a maritime contract.

PLAINTIFF'S CONTENTIONS: Mitsui claimed that Swiss Shipping breached the maritime contract when it failed to ship the minimum amount of units per voyage required under the contract.

DEFENDANTS' CONTENTIONS: Swiss Shipping moved to dismiss for lack of personal jurisdiction.

Result

Swiss Shipping's motion to dismiss was granted because Mitsui failed to show that the court had personal jurisdiction. The court held that it could not exercise nationwide jurisdiction over Swiss Shipping under FRCP Rule 4(k)(2) after Swiss Shipping submitted to jurisdiction in New Jersey, and found no other basis to assert personal jurisdiction over the defendant in California. The case was dismissed without prejudice to refiling in New Jersey or other suitable forum.