Personal Jurisdiction Claim Misses the Bus

In Conexiones Tornado S. de Rl. de CV, the Fifth Court reversed the denial of a special appearance, made by a Mexican bus company sued for negligence after a bus crash in Mexico. A key issue presented was whether, on this record, the U.S. Supreme Court’s recent opinion in Ford Motor Co. v. Montana Eighth Judicial District Court required reconsideration of the Texas Supreme Court’s focus on the “operative facts” of a case as part of the inquiry about specific jurisdiction.

Legally, the Court held that the supreme court’s “‘“substantial connection’ test was not abrogated by Ford Motor,” and factually, the Court found that Ford Motor was distinguishable, noting: “Unlike Ford, Conexiones has not conceded purposeful availment in Texas. Conexiones argues not only that it lacks Texas contacts, but also that it has structured its business in such a way as to avoid subjecting itself to personal jurisdiction here.” No. 05-23-00353-CV (Sept. 23, 2024) (mem. op.).