The Supreme Court of Virginia issued a unanimous opinion in Carter v. Wake Forest deciding whether a Virginia plaintiff’s estate could sue out-of-state doctors in North Carolina.  The doctors had spoken to the patient on the phone and sent messages in the patient portal, but the contact was originally initiated by the patient and the patient otherwise was treated at the North Carolina hospital. 

The Circuit Court issued an opinion finding that Virginia’s long arm statute was inconsistent with the Due Process Clause of the 14th Amendment. See Va. Code § 8.01-328.1. The Court determined that transacting business in the Commonwealth was not the same as “purposeful availment of the privilege” of conducting activities in Virginia. The Court of Appeals of Virginia then affirmed.

The Supreme Court began with a helpful overview for this type of analysis (lawyers will have flashbacks to civil procedure) for future cases and decisions.  It agreed with both lower courts that there was no personal jurisdiction over Wake Forest based on these facts. 

Ultimately, the question of when an entity has sufficient “minimum contacts” in today’s world of online communications may be a moving target. The Supreme Court stressed here that this appeal was based on unique facts and circumstances, so lawyers in Southwest Virginia or border areas should pay particular attention.

Takeaways: Setting up your matter for future appellate litigation in the Court of Appeals or Supreme Court is critical if you know there may be an issue (as is making sure to enter a special appearance at the outset rather than a general appearance). If you have questions about an out-of-state defendant and want to discuss personal jurisdiction issues, a Virginia appeals specialist can help. 

 Contact me to learn more.