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2007AP35 Rasmussen v. General Motors Corp.

By: Rick Benedict//July 1, 2011//

2007AP35 Rasmussen v. General Motors Corp.

By: Rick Benedict//July 1, 2011//

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Civil Procedure
Personal jurisdiction

The activities of a subsidiary corporation are insufficient to subject its nonresident parent corporation to general personal jurisdiction under sec. 801.05(1)(d).

“Rasmussen contends that Wisconsin has general personal jurisdiction over Nissan Japan under Wis. Stat. § 801.05(1)(d) based on the ‘substantial and not isolated activities’ of Nissan North America, Inc. (Nissan North America), Nissan Japan’s wholly owned subsidiary. For the reasons set out below, we conclude that even assuming arguendo that Nissan North America were the agent of Nissan Japan, absent control by Nissan Japan sufficient to cause us to disregard the separate corporate identities of Nissan Japan and Nissan North America, the activities of the subsidiary corporation are insufficient to subject its nonresident parent corporation to general personal jurisdiction under § 801.05(1)(d). We also conclude that Rasmussen has not met his burden to show that the corporate separateness of Nissan Japan and Nissan North America should be disregarded such that the activities of Nissan North America in Wisconsin should be imputed to Nissan Japan. Accordingly, the statutory prerequisites for general personal jurisdiction under § 801.05(1)(d) have not been met.” Affirmed.

2007AP35 Rasmussen v. General Motors Corp.

Roggensack, J.

Attorneys: For Appellant: Armstrong, Owen Thomas, Jr., Milwaukee; Croke, William P., Milwaukee; Kushner, Beth, Milwaukee; Westrup, David Arthur, Milwaukee; For Respondent: Lyons, Gregory W., Milwaukee; McBride, Patrick G., Milwaukee; Now, Laura J., Milwaukee; Goldberg, Daniel L., Boston, MA; Savrin, Daniel S., Boston, MA

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