ST. LOUIS - A district judge has denied a food manufacturer company’s motion to dismiss a breach of contract claim against it.
While defendant JUST, Inc., a Delaware company, argued that the court doesn’t have personal jurisdiction, U.S. District Judge Ronnie L. White agreed with plaintiff, freight broker Range Logistics, LLC that the court has specific jurisdiction.
Range Logistics filed the suit against JUST for breach of contract, action on account, account stated, and quantum merit. Range Logistics, which JUST hired to transport its products, accused JUST of not paying $211,998.96 that it’s allegedly owed.
While the defendant has no contacts in Missouri, with the exception of phone calls, Judge White found that personal jurisdiction existed “because of the volume of contacts throughout their business relationship,” he wrote.
JUST initiated contact with Range Logistics, whose only office is in Missouri, roughly 1,500 times over their five years of working together. Because of this contact, Range Logistics transported roughly 3,022 truckloads of JUST’s merchandise, and Range Logistics is currently suing for not receiving payment for the most recent 83 truckloads.
The connection between the extensive contact (i.e. phone calls and emails between the plaintiff and defendant), serve as enough evidence for Range Logistics to file a breach of contract claim.
“While phone calls and emails, standing alone, are generally an insufficient basis for personal jurisdiction, the communications here form the nexus of plaintiff’s claim,” wrote Judge White.
The court also ruled that the state does have an interest in the forum serving as a local venue for the plaintiff. The level of convenience for both sides is also neutral.
“Over the course of five years, defendant repeatedly contracted with plaintiff while knowing plaintiff’s only office was in Missouri and for a service that was performed entirely in Missouri,” Judge White wrote. “Based on these facts, defendant should have reasonably anticipated being haled into court in Missouri.”