U.S. Court of Appeals for the Second Circuit
Evidentiary Hearing — Prima Facie Showing
Dorchester Fin. Sec., Inc. v. Banco BRJ, SA
Judges Cabranes, Wesley and Furman
Background: The plaintiff appealed from an order dismissing its claims for lack of personal jurisdiction. The court held that the documents submitted by the plaintiff to support its assertion of personal jurisdiction were forgeries, but declined to hold an evidentiary hearing.
Ruling: The Second Circuit vacated and remanded. The court held that where the district court chooses not to hold an evidentiary hearing, a plaintiff need only make a prima facie showing of personal jurisdiction to survive a motion to dismiss.
T.J. Morrow of Morrow & Co. for the plaintiff-appellant; Lyndon M. Tretter of Hogan Lovells for the defendant-appellee