Can targeted advertising establish general jurisdiction over a foreign corporation? The Fifth Circuit had not addressed this issue until Frank v. P N K (Lake Charles) L.L.C., No. 18-31060, 2020 WL 288213 (5th Cir. Jan. 21, 2020). But in so doing, the court may have announced a new jurisdictional test with significant ramifications for future cases.
Frank was a wrongful-death lawsuit filed in Texas state court against L’Auberge Hotel & Casino and its marketing division, PNK. Following removal to federal court, the district court granted PNK’s motion to transfer, finding PNK was not subject to general jurisdiction in Texas. The plaintiffs appealed.[1]