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American Type Culture Collection5/18/2000
rst is due to ATCC's efforts, not appellees'; the second would be as likely to occur in any state, given that 83 defendants and 1799 plaintiffs from 49 states are involved; and the last is irrelevant. Appellees would not have selected Texas as their forum had they considered it inconvenient or ineffective for them. See DuPont, 986 S.W.2d at 85 (even when majority of plaintiffs were nonresidents, holding, "The plaintiffs chose Texas as their forum; therefore, we can presume they do not find it inconvenient or ineffective."); Solow v. Century Assets Corp., 12 S.W.3d 512, 517 (Tex. App.-Beaumont 1999, no pet.) (same). ATCC does not argue separately how the interstate judicial system's interest in the effective resolution of this controversy weighs against subjecting ATCC to suit in Texas.
Accordingly, these factors weigh in favor of Texas jurisdiction.
5. The Shared Interest of the Several States in Furthering Fundamental, Substantive Social Policies
ATCC argues that, as a matter of social policy, it is contrary to Texas's interest to exercise jurisdiction over it, because doing so would deter ATCC, which is a non-profit research organization, from making its services and materials available in Texas. This argument could be true for any state except Maryland, which is ATCC's principal place of business. In any event, we agree with appellees that Texas has an equal interest with that of all other states in adjudicating the claims of U.S. service personnel-including some of its own residents-allegedly exposed to dangerous pathogens in Iraq.
Accordingly, this factor weighs in favor of Texas jurisdiction or, at least, it does not favor any state over Texas. See General Refractories Co. v. Martin, 8 S.W.3d 818, 823-24 (Tex. App.-Beaumont 2000, pet. filed) (holding this factor weighed in favor of Texas jurisdiction when no evidence showed other states' social policy interest was greater than that of Texas); DuPont, 986 S.W.2d at 85 (holding this factor weighed in favor of neither state under same circumstances).
6. Resolution
We hold the trial judge did not err in determining the exercise of jurisdiction over ATCC would not offend traditional notions of fair play and substantial justice. We overrule point of error three and the remainder of point of error four.
VI. Conclusion
We affirm the order denying ATCC's special appearance.
Publish. Tex. R. App. P. 47.
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