Monday, June 2, 2014

Boschetto v. Hansing case brief summary

Boschetto v. Hansing case brief summary

§  Rules of Law:
o    Whether the defendant has sufficient minimum contacts with the forum state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.
§  Holding:
o    This was a one-time contract for the sale of a good that involved the forum state only because it was where the purchaser happened to reside, but otherwise created no substantial connection or ongoing obligations there.
§  Reasoning:
o    Did the sale of an item via eBay provide sufficient minimum contacts to support personal jurisdiction over a nonresident defendant in the buyer’s forum state?
o    Purposeful Availment?—
§  A lone transaction for the sale of one item does not establish that the defendants purposefully availed themselves of the privilege of doing business in CA.
o    If they had used eBay several times before to sell cars in CA, jurisdiction would be proper.
o    Sliding Scale for Determining Internet Jurisdiction—
§  Zippo: How interactive an internet website is for purposes of determining its jurisdictional effect.
o    “The likelihood that personal jurisdiction can be constitutionally exercised is directly proportionate to the nature and quality of the commercial activity (interactivity) that an entity conduct over the internet.”
o    Inapplicable here; plaintiff is not suing eBay, but the poster who used eBay.

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