Wal-Mart Stores, Inc. v. Lemaire
Arizona Court of Appeals
242 Ariz. 357 (2017)
- Written by Serena Lipski, JD
Facts
Kathi Buss (plaintiff) suffered a slip and fall in an Oregon store operated by Wal-Mart Stores, Inc. (Wal-Mart) (defendant). Buss filed suit against Wal-Mart in an Arizona state court. Wal-Mart, incorporated in Delaware and with an Arkansas principal place of business, operated 127 retail locations and four distribution centers in Arizona. In 2014 Wal-Mart was Arizona’s largest employer, with approximately 34,000 employees in Arizona out of Wal-Mart’s 2.3 million employees. Wal-Mart moved to dismiss Buss’s suit for lack of personal jurisdiction. The trial court held that Wal-Mart was subject to general personal jurisdiction in Arizona because of its significant presence in Arizona. Wal-Mart appealed. Buss argued that by appointing an agent for service of process in Arizona, Wal-Mart had consented to general jurisdiction, and that Wal-Mart’s sheer magnitude of activities in Arizona meant that Wal-Mart was at home in Arizona.
Rule of Law
Issue
Holding and Reasoning (Swann, J.)
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