This morning, the Third Court of Appeals issued three memorandum opinions. The first concerns a juvenile adjudication for the offense of assault, and the second affirms a decision by the Texas State Board of Medical Examiners to revoke a physician’s license to practice medicine in Texas. Cause Nos. 03-04-00001-CV and 03-04-00612-CV, respectively.
The Court’s third memorandum opinion, in an interlocutory appeal, reverses a Trial Court’s decision to deny a non-Texan defendant’s special appearance, holding that the Defendant in question, a Kansas corporation, did not have adequate contacts with the State of Texas to establish specific personal jurisdiction, even though the corporation in question contributed $25,000.00 to the Texans for a Republican Majority Political Action committee (“TRMPAC”). According to the Court, the contribution was made so the Defendant could lobby Tom DeLay, a U.S. Congressman, to influence the outcome of a federal energy bill pending before the U.S. Congress:
By all accounts, Westar’s only motivation in writing the $25,000 check to TRMPAC was to influence federal legislation by meeting with a federal congressman, who is afforded no vote in the Texas legislature. Even considering that DeLay may have a voice in Texas politics, the appellees did not allege or offer any evidence to show that Westar sought to influence the outcome of any Texas election or Texas legislation. For the purpose that Westar sought DeLay’s audience – to gain support for Westar’s position on federal legislation – DeLay could have represented any of the fifty states. And DeLay’s Texas residency is not dispositive of the issue because a nonresident defendant does not establish minimum contacts with Texas simply by interacting with one of its residents outside of Texas, in a manner that is unrelated to any activities within the state. Instead, the jurisdictional inquiry focuses on what contacts the defendant has purposefully established with the forum, so as to enjoy the benefits and protections of its laws.
(emphasis in original)
Cause No. 03-05-00276-CV, Westar Energy, Inc. v. James Sylvester, Ken Yarborough and Josephine Miller
