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Raser Techs., Inc. ex rel. Houston Phoenix Grp., LLC v. Morgan Stanley & Co., LLC, 2019 UT 44 (Aug. 13, 2019)

Aug 13, 2019

The district court declined to assert personal jurisdiction over multiple defendants for alleged violations of the Utah Pattern of Unlawful Activity Act.  Reversing, the supreme court held that the district court should have separately analyzed the elements of personal jurisdiction for each plaintiff, defendant, and claim.  The court also adopted a conspiracy theory of jurisdiction and identified the elements that a party must plead with particularity to establish personal jurisdiction under such a theory: “(1) the defendant is a member of a conspiracy, (2) the acts of the defendant’s co-conspirators create minimum contacts with the forum, and (3) the defendant could have reasonably anticipated that her co-conspirator’s actions would connect the conspiracy to the forum state in a meaningful way, such that she could expect to defend herself in that forum.”