May 3, 2013 4th Circuit published opinion

Unspam Technologies, Inc. v Chernuk

Unspam and a John Doe plaintiff sued Chernuk and several foreign banks alleging a conspiracy to sell illegal prescription drugs. The district court ultimately dismissed the claims against all defendants for failure to serve or for lack of personal jurisdiction. Unspam appealed the dismissal as to 4 foreign banks. The panel affirmed. It held that because the banks had no physical or business ties to Virginia, there was no basis for personal jurisdiction. It also held that there was no conspiracy based personal jurisdiction as the complaint offered only conclusions and speculation that the conspiracy existed and the banks agreed to be part of the conspiracy.

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