Fitzgerald v. Wal-Mart Stores East, LP

296 F.R.D 392 (2013)

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Fitzgerald v. Wal-Mart Stores East, LP

United States District Court for the District of Maryland
296 F.R.D 392 (2013)

Facts

Christel Fitzgerald (plaintiff) fell on ice in a Wal-Mart parking lot in Alexandria, Virginia. Fitzgerald sued in Maryland state court several Wal-Mart entities, including Wal-Mart Stores East, LP (defendant) (collectively, Wal-Mart), as well as USM, Inc. (USM) (defendant), the business with which Wal-Mart contracted to perform or oversee snow removal at the Alexandria Wal-Mart. Wal-Mart and USM removed the case to federal court in Maryland. USM then filed a third-party complaint against MCHI, Inc., d/b/a Snow Patrol, Inc. (Snow Patrol), the business that USM hired to do the snow removal, seeking indemnification or contribution. Snow Patrol was a Virginia corporation with its principal place of business in Fairfax, Virginia, within 100 miles of the Maryland federal courthouse where the case was proceeding. Snow Patrol’s registered agent was located in Broad Run, Virginia, also within 100 miles of the courthouse. The Alexandria Wal-Mart store where Fitzgerald’s injury allegedly occurred was also within 100 miles of the courthouse. Snow Patrol moved to dismiss USM’s third-party complaint for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure (FRCP) 12(b)(2).

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

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