Reported / Citable
Background
Suzanne M. Cassidy sued Lowe’s Home Centers, LLC, Keter Group, Inc., Keter US, Inc., and Adams Manufacturing Co., Inc. in Texas state court, asserting negligence and products-liability claims. The defendants removed the action to federal court.
Keter US moved to dismiss the claims against it for lack of personal jurisdiction and failure to state a claim. Cassidy did not respond. Keter US submitted an affidavit from its chief financial officer stating that the company is organized under Delaware law, has its principal place of business in Indiana, did not design, manufacture, market, or distribute the product at issue, and had not purposefully directed conduct toward Texas relating to that product.
The Court’s Holding
The court granted Keter US’s motion because Cassidy failed to carry her burden of establishing personal jurisdiction. Her state-court petition contained only conclusory assertions that Keter US had sufficient contacts with Texas, and she did not respond to the company’s affidavit disputing jurisdiction.
The court also noted that Cassidy had neither amended her pleading nor sought jurisdictional discovery, even though the lawsuit had been pending since October 2025 and the dismissal motion had been pending for nearly nine months. Because the court resolved the motion on personal-jurisdiction grounds, it did not separately decide whether the complaint failed to state a claim under Rule 12(b)(6).
Key Takeaways
- A plaintiff bears the burden of presenting a prima facie basis for personal jurisdiction when the court decides a Rule 12(b)(2) motion without an evidentiary hearing.
- Conclusory allegations of forum contacts are insufficient when the defendant submits evidence disputing jurisdiction and the plaintiff offers no response.
- A plaintiff facing a jurisdictional challenge should timely respond, address the defendant’s evidence, and seek jurisdictional discovery when necessary.
Why It Matters
The order illustrates the practical consequences of leaving a supported personal-jurisdiction motion unanswered. Even at the prima facie stage, a plaintiff must provide allegations or evidence connecting the nonresident defendant to the forum and the claims at issue.
The ruling dismisses the claims against Keter US on jurisdictional grounds; it does not adjudicate the merits of Cassidy’s negligence or products-liability theories.