Rosana Boulhosa Nassar v. Eduardo Boulhosa Nassar

A decision of the 11th circuit's issued in 2009 for United Tech. Corp. v. Mazer, concluded that, once a defendant challenges personal jurisdiction, the burden "shifts back to the plaintiff to produce evidence to support jurisdiction" that the plaintiff , failed to establish through its allegations or competent evidence that [defendant] [was] subject to personal jurisdiction, and that due process was not reached." In its opinion below, the Eleventh Circuit affirmed a decision in regards to personal jurisdiction that contradicts with its prior opinion and other circuits decisions. Question 1: Whether an earlier dismissal based on alternative grounds, where amongst such grounds was "the plaintiff's failure to establish personal jurisdiction over the defendant", is a ground that is justifiable for the application of res judicata to the Petitioner's Federal Claim and consistent with other court of appeals decisions and the supreme court precedent? Question •2: Whether an earlier dismissal where respondent raised the defense of "lack of personal jurisdiction" throughout all his motions to dismiss is a ground which is consistent with other court of appeals decisions for the application of res judicata to a subsequent claim? Question 3. Whether a claim for cyberpiracy and cyberquatting of Federal jurisdiction, can be barred by res judicata for the petitioner's failure to raise