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Assignment 4 Legal Research Writing and Civil Litigation

In: Other Topics

Submitted By awonser
Words 1039
Pages 5
Mary a proprietor of a small business in Vermont specializes in the manufacturing of ski equipment and sales to Vermont ski resorts. Mary signed a contract with Froogle that allows Mary’s business to advertise on Froogles search engine. Mary is aware that Froogles headquarters is in California. Mary has never done business or been in California. All business relating to Mary is done directly on the phone in Vermont or via the internet. Two months after Mary signed the contract Froogle alleges that Mary violated the agreement between the parties and files suit in Superior Court for the county of Monterey in Salinas, California. Mary claims that the California court has no personal jurisdiction over her. Froogle claims California does have jurisdiction over her because she knowingly did business with a California Company.

The issue in this case is whether Mary, resident of Vermont who sells ski equipmentin Vermont and maintains a website, is subject to the personal jurisdiction of a California court even though she has never been to California, and has no contacts there.

In Gourmet Video, Inc. v. Alpha Blue Archives, Inc., 2008 U.S. Dist. LEXIS 87645 (D.N.J. Oct. 29, 2008), The plaintiff in this case is a New Jersey copyright owner who sued the defendant for violating the copyright act by selling the material via their website based out of the Northern California district. The defendant argued that the venue was improper and moved to dismiss the complaint. The court found that the venue was proper. The Defendants were subject to personal jurisdiction of New Jersey because they had sufficient minimum contacts with New Jersey. The defendants knowingly sold and shipped their products to New Jersey residents who initiated the sale of those products from their website. A court may exercise specific jurisdiction over a non resident defendant only if:
1. The...

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