Botkin Chiarello Calaf secured an appellate victory for a Canada-based e-commerce funding company, obtaining a dismissal due to lack of jurisdiction.

In a Travis County lawsuit that arose out of a dispute concerning separate purchases of future accounts receivable, BCC’s client filed a special appearance arguing that there was no jurisdiction in Texas because, while the plaintiff is a Texas-based company, neither BCC’s client nor the facts giving rise to the suit had sufficient ties to Texas. The trial court denied the special appearance.

The Third District Court of Appeals reversed, agreeing with BCC that the trial court erred in exercising jurisdiction over the foreign entity. The appellate court remanded the case and ordered the trial court to dismiss the Plaintiff’s claim.

“This opinion underscores the limited bases for asserting general jurisdiction over a foreign defendant under Texas law and confirms the very narrow scope of the at-home exception,” said BCC partner María Amelia Calaf who, along with partner Katherine Chiarello and associate Joshua Kelly defended the Canadian corporation through the appeal.

The case is CFT Clear Finance Technology Corp. d/b/a Clearbanc v. 8Fig, Inc., 03-24-00688-CV (Tex. App.—Austin, Jul. 2, 2025, n.p.h.) (mem. op.).