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Abdouch v. Lopez

Nebraska Supreme Court · 2013 · Civil Procedure

Civil ProcedurePersonal JurisdictionInternet JurisdictionSpecific Jurisdictionpersonal jurisdictioninternet contactsminimum contactsdue process

Facts

Abdouch, a Nebraska resident, had once owned an inscribed copy of Revolutionary Road that was later stolen. Lopez, a Massachusetts rare-book seller, bought the book from a seller in Georgia in 2009, sold it to a non-Nebraska customer, and kept an online advertisement for the book on his business Web site for more than 3 years. The Web site allowed users to browse and purchase books, but Lopez and his business had only minimal Nebraska contacts: two Nebraska mailing-list recipients and a total of $614.87 in Nebraska sales from 2009 to 2011 out of approximately $3.9 million in total sales. Lopez stated he did not know Abdouch lived in Nebraska until 2011, after someone contacted him.

Issue

Whether Nebraska courts could exercise specific personal jurisdiction over a Massachusetts bookseller and his business based on an Internet advertisement allegedly violating a Nebraska resident's privacy, where the defendants had only minimal unrelated contacts with Nebraska. More specifically, the question was whether the interactive Web site and the alleged intentional tort satisfied due process.

Rule

Because Nebraska's long-arm statute extends to the full limits of federal due process, the only question is whether the defendant has minimum contacts with Nebraska such that suit there does not offend traditional notions of fair play and substantial justice. For specific jurisdiction, the cause of action must arise out of or relate to the defendant's forum contacts, and for intentional torts the plaintiff must make a prima facie showing that the defendant's acts were intentional, uniquely or expressly aimed at the forum state, and caused harm the defendant knew was likely to be suffered there. An interactive Web site does not by itself create jurisdiction; Zippo is only a starting point, and traditional constitutional principles remain controlling.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Mira Solis, who lives in Omaha, sued Harbor Quill Archives, a rare-map dealer based in Portland, Maine, in Nebraska for invasion of privacy after the dealer posted a worldwide online listing describing a handwritten note taken from her family papers. Harbor Quill's website allows customers to search inventory and complete purchases online, and over the last 3 years it made eight small customer-initiated sales to Nebraska buyers totaling $900 out of $4 million in sales.

If Harbor Quill moves to dismiss for lack of personal jurisdiction, how should a Nebraska court most likely rule?

Explanation. Nebraska's long-arm statute reaches as far as due process allows, so the question is minimum contacts. For specific jurisdiction, the claim must arise out of or relate to the defendant's forum contacts. Under the majority opinion, an interactive website is only a starting point; it does not create jurisdiction by itself. Here, the Nebraska sales are slight and unrelated to the privacy claim, so Nebraska would lack specific jurisdiction.