In re Consolidated Zicam Product Liability Cases – 1/26/2006
Arizona Court of Appeals Division One Upholds Finding of Lack of Personal Jurisdiction.
Plaintiffs filed multiple suits against Zensano, Inc. and Zengen, Inc. in Maricopa County. The trial court ruled that it lacked personal jurisdiction over the defendants and that the plaintiffs had failed to state a claim for relief against the defendants. Judge Ehrlich, writing for a unanimous panel, affirmed the trial court’s ruling, noting that plaintiffs had not maintained that Arizona has general jurisdiction over the defendants and that plaintiffs had failed to establish specific jurisdiction through defendants’ alleged contacts with Arizona. Noting the plaintiffs’ burden of establishing that jurisdiction is proper, the court concluded that plaintiffs unsubstantiated allegations regarding various contacts with Arizona (including alleged loans, cash advances, confidentiality and non-competition agreements, assignment of intellectual property, advertising payment, and distribution agreement) failed to establish a prima facie case for jurisdiction.
Judge Ehrlich authored the opinion; Judges Orozco and Timmer concurred.