D'Jamoos v. Pilatus Aircraft Ltd., 062409 FED3, 08-2690

Docket Nº:08-2690
Party Name:THERESA D'JAMOOS, As Executrix of the Estate of Dawn Elizabeth Weingeroff; FREDERICK L. WEINGEROFF, Administrator of the Estate of Leland C. Weingeroff & Executor of the Estate of Gregg C. Weingeroff; STANLEY J. WACHTENHEIM, Executor of the Estate of Jeffrey M. Jacober; MICHAEL A. JACOBER; DAVID S. JACOBER, Co-Executors of the Estate of Karen L. Ja
Case Date:June 24, 2009
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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THERESA D'JAMOOS, As Executrix of the Estate of Dawn Elizabeth Weingeroff; FREDERICK L. WEINGEROFF, Administrator of the Estate of Leland C. Weingeroff & Executor of the Estate of Gregg C. Weingeroff; STANLEY J. WACHTENHEIM, Executor of the Estate of Jeffrey M. Jacober; MICHAEL A. JACOBER; DAVID S. JACOBER, Co-Executors of the Estate of Karen L. Jacober & Co-Administrators of the Estate of Eric B. Jacober

v.

PILATUS AIRCRAFT LTD.; PILATUS FLUGZEUGWEKE AKTIENGESELLSCHAFT; ROSEMOUNT AEROSPACE, INC.; REVUE THOMMENAC; EMCA; GOODRICH AVIONICS SYSTEMS, INC.; L-3 COMMUNICATIONS CORPORATION; GOODRICH CORPORATION Theresa D'Jamoos; Frederick L. Weingeroff; Stanley J. Wachtenheim; Michael A. Jacober; David S. Jacober, Appellants

No. 08-2690

United States Court of Appeals, Third Circuit

June 24, 2009

Argued March 5, 2009

On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civ. No. 2-07-cv-01153) Honorable Mary A. McLaughlin, District Judge

BEFORE: BARRY and GREENBERG, Circuit Judges, and ACKERMAN, District Judge[*]

ORDER AMENDING OPINION

Morton I. Greenberg Circuit Judge

It is hereby ordered that the opinion of the court in this case filed May 14, 2009, is amended as follows:

(1) On page 32, footnote 18 of the slip opinion (see D'Jamoos v. Pilatus Aircraft Ltd., 566 F.3d 94, 109 n.18 (3d Cir. 2009)), the last two sentences in the footnote starting as "We recognize that" and ending "general jurisdiction in Colorado" are deleted.

(2) On page 32 of the slip opinion (see D'Jamoos v. Pilatus Aircraft Ltd., 566 F.3d 94, 109 (3d Cir. 2009)), immediately following "Requirements for Transfer" the following complete paragraph is inserted:

We have concluded that the undisputed jurisdictional facts amount to a prima facie showing that Colorado could exercise general jurisdiction over Pilatus. In the present procedural stage, this prima facie showing satisfies section 1631's requirement that the case "could have been brought" in the District of Colorado. While the plaintiff bears the burden of establishing that a court's exercise of personal jurisdiction over a defendant is proper, "[i]n the preliminary stages of the litigation . . . that burden is light. Prior to trial, the plaintiff is only required to establish a prima facie showing of jurisdiction." Doe v. Nat'l Med. Servs., 974 F.2d 143, 145 (10th Cir. 1992).

(3) On page 35...

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