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.