Federated Mut. Ins. Co. v. Fednat Holding Co.
Opinion of the Court
FedNat Holding Company ("FedNat") appeals the district court's judgment confirming an arbitration award in favor of Federated Mutual Insurance Company ("Federated Mutual"). We conclude that the district court lacked personal jurisdiction over FedNat, vacate the district court's judgment, and remand with instructions to dismiss.
Federated Mutual is a Minnesota insurance company that owns various trademarks containing the word "Federated." FedNat, a Florida insurance company, was previously known as 21st Century Holding Company. In 2012, it adopted the name Federated National Holding Company. Federated Mutual was concerned that this new name was confusingly similar to its own. In 2013, the two companies entered into a Co-Existence Agreement (the "Agreement") under which Federated National Holding Company promised to take steps to minimize confusion and adopt a new name within seven years. It also agreed to give Federated Mutual a chance to object to its new name.
In 2014, Federated National Holding Company began using the name FedNat. It did not notify Federated Mutual as required by the Agreement, and it continued to use the phrase "Federated National" in conjunction with its new name. Federated Mutual stated that it received "hundreds of misdirected calls and correspondence" from confused customers each year, and it initiated arbitration to enforce the Agreement. The arbitrator allowed FedNat to continue using the name "FedNat" but ruled that it must cease using the term "Federated" within ninety days.
*720Federated Mutual filed a petition to confirm the arbitrator's award in the U.S. District Court for the District of Minnesota, and the court entered judgment in its favor. See
Because FedNat's arguments concerning subject-matter jurisdiction raise complicated questions, we first consider whether the district court had personal jurisdiction. See Ruhrgas AG v. Marathon Oil Co. ,
Federated Mutual alleges that FedNat is subject to specific personal jurisdiction in Minnesota. "Specific jurisdiction refers to jurisdiction over causes of action arising from or related to a defendant's actions within the forum state ...." Bell Paper Box, Inc. v. U.S. Kids, Inc. ,
The due process clause requires that "the defendant purposefully established 'minimum contacts' in the forum State." Burger King Corp. v. Rudzewicz ,
In finding personal jurisdiction over FedNat, the district court cited three features of the parties' Agreement: its *721Minnesota choice-of-law provision, its benefits to Federated Mutual in Minnesota, and its requirement that FedNat "regularly communicate" with Federated Mutual in Minnesota during a seven-year term. We disagree that these considerations subject FedNat to personal jurisdiction in Minnesota.
First, "choice-of-law provisions specifying that the forum state's laws govern are insufficient on their own to confer personal jurisdiction." K-V Pharm. Co. ,
Second, the fact that the Agreement affected Federated Mutual in Minnesota does not subject FedNat to personal jurisdiction there. Federated Mutual stated that "it receives hundreds of misdirected calls and correspondence each year due to the similarity of the names." But the Supreme Court has explained that the "proper question is not where the plaintiff experienced a particular injury or effect but whether the defendant's conduct connects him to the forum in a meaningful way." Walden v. Fiore ,
Finally, our five-factor test shows that FedNat did not "enter[ ] a contractual relationship that 'envisioned continuing and wide-reaching contacts' " in Minnesota. See id. at 285,
For these reasons, the district court lacked personal jurisdiction over FedNat.
*722We vacate the district court's judgment and remand with instructions to dismiss.
In its brief on appeal, Federated Mutual argued that FedNat's compliance with the arbitrator's award rendered this appeal moot. Federated Mutual filed a motion to supplement the record with supporting documentation, which FedNat opposed. FedNat filed a motion to strike Federated Mutual's addendum and the portions of its brief relying on that material, and FedNat also sought to toll its reply brief deadline pending this court's ruling on its motion. At oral argument, Federated Mutual conceded that the appeal is not moot. Because these motions do not affect the outcome of this appeal, we deny them.
Reference
- Full Case Name
- FEDERATED MUTUAL INSURANCE COMPANY v. FEDNAT HOLDING COMPANY
- Cited By
- 17 cases
- Status
- Published