A dispute arose between a Virginia-based architectural firm and an Ohio property owner (Tuscarawas County business owner) in Virginia state court. Canton Attorney Edmond J. Mack, appearing pro hac vice, argued that due to a lack of personal jurisdiction, the case should be dismissed in Loudoun County Circuit Court.

The Court agreed, dismissing the case:

“For the foregoing reasons, the Court grants the Defendants motion to dismiss.”

Attorney Edmond Mack successfully wins dismissal in pro hac vice case, citing lack of personal jurisdiction

Canton attorney Edmond J. Mack appeared pro hac vice in the Loudoun County Circuit Court in the State of Virginia this past March on behalf of an Ohio business owner, in a dispute brought by a Virginia-based architectural firm involving the design of an office building located in Tuscarawas County. Citing the location of the building, which was his client’s place of business, Attorney Mack argued that the Loudon County Circuit Court was not the proper venue for trying this case. 

Ultimately, a few days following the hearing, the Virginia-based Court agreed they lacked personal jurisdiction over this matter and dismissed the case. 

The intricacies of his approach to successfully and expeditiously defending his client’s interests in this case reveal a simple, yet nuanced practice of the law, which relies on understanding the foundational underpinnings of due process.

What is due process and why does it matter?

Due process is a guarantee provided by the Fifth Amendment to the Constitution, which states that no person shall be “deprived of life, liberty or property without due process of law.” In a sense, the Fifth Amendment spells out a promise to each person that they will be treated fairly by all government entities, who are required to operate within the confines of the law that the people have agreed upon. Often considered the cornerstone of our freedom in this country, due process ensures we are each given a fair chance to defend ourselves or our interests against legal seizures of life, liberty, or property. 

When it comes to determining jurisdiction for a trial, whether criminal or civil, jurisdiction determines the venue, not only geographically but also legally. Different states, different counties – even different courts within the same county – operate under different laws. When the jurisdiction for a trial is set, it sets the location as well as the governing laws that will be applied to that trial. Because of this, it’s critically important that the correct venue be established to ensure that the correct laws and procedures are being applied to the matter at hand. This ensures the defending party is being provided a due process of law.

What does pro hac vice mean?

Pro hac vice, a Latin phrase meaning “for or on this occasion only,” is when an attorney is added to a case in a jurisdiction where that attorney is not licensed to practice, but in a manner so unauthorized practice of law does not occur. In pro hac vice, the added attorney must practice with a local lawyer admitted to practice in the jurisdiction acting as local counsel.

Since Attorney Mack is not licensed to practice law in the state of Virginia, he appeared pro hac vice for his Ohio client and had a prominent attorney who is licensed in the state practice as his local counsel.

What is personal jurisdiction?

Personal jurisdiction is when a court has the power to enforce a decision over the defendant in the filed case.

When a case is filed, the defendant has the ability to object to the lawsuit with the argument of the Court not having personal jurisdiction over the defendant.

There are four (4) ways to determine whether or not a court has personal jurisdiction over a defendant:

1. Presence. If a defendant is served while being physically in the state where the case is filed, it is viewed as being sufficient enough to give the Court personal jurisdiction.

2. Domicile or Place of Business. One can be sued in the state where they have established residency or where they maintain their place of business, even when the incident at-issue took place in a differing state.

3. Consent. This is when the defendant would simply give their consent, either express or implied, for a court to have personal jurisdiction power over them.

4. Minimum Contacts. If a court determines a defendant has had enough interaction or contact with a state, this will then justify a court having personal jurisdiction over the defendant.

Our client met none of the above ways that would allow the Loudoun County Circuit Court to have personal jurisdiction over him, which is why Attorney Mack advocated for the dismissal of this case in the hearing.

What does it mean when a case is dismissed?

A dismissed case means the filed lawsuit has been closed without a determination of fault or consequences set for the defendant named in the case.

In this case, the Court made the decision to close the case due to the lack of personal jurisdiction, which was successfully argued by Attorney Mack following the Defendant’s filed Motion to Dismiss.

Read the Court’s four-page decision to dismiss the case here.