The defendant's conduct with respect to the forum state must be such that he would reasonably anticipate being haled into that state's court. She provided the information in the spirit of mere communication. For many of the same reasons that in personam jurisdiction does not offend the federal constitution's due process protections, we also find that it is neither unfair nor unjust to hale the Cornelsens into this state to answer plaintiffs' charges. RAR, Inc. v. Turner Diesel, Ltd., 107 F.3d 1272 (7th Cir.1997). The assertion of specific in personam jurisdiction satisfies federal due process guarantees so long as the defendant has sufficient minimum contacts with the forum state, such that maintaining an action there comports with traditional notions of fair play and substantial justice. International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. Appeals court held that a resident
Those facts establish sufficient
See Jennings, 383 F.3d 546. They couldnt understand how the dogs owners could let the dog run loose when they knew the risks. One of the puppies selected, Mohanna, was from Mulan's litter, which defendants later claimed to be allegedly genetically defective. 706, 759 N.E.2d at 198, citing Burger King, 471 U.S. 462, 105 S.Ct. The cause comes to this court solely on the basis of the pleadings and supporting documents; therefore, our review is de novo. See Berthold Types, 102 F.Supp.2d at 933-34, citing Digital Equipment Corp. v. AltaVista Technology, Inc., 960 F.Supp. The mails were used to send information about the dogs. Plaintiffs allege that the dam of one of the litters, Drakyi Mulan, was co-owned by Richard Eichhorn of Simi Valley, California. Electric Corp., 256 Ill.App.3d 721, 195 Ill.Dec. Cornelsen maintained an active commercial
This question is easily resolved in plaintiffs' favor. 706, 759 N.E.2d 186 (2001). At the opposite end of the scale, jurisdiction does not attach where the nonresident maintains a passive website that merely provides information about the defendant's products. for interference with prospective business advantage and defamation. 735 ILCS 5/2-209(a)(2), (c) (West 2002). Plaintiffs' business in Knox County, Illinois, is known as Kesang Camp Tibetan Mastiffs, and defendants' business in Wellston, Oklahoma, is called Makalu Tibetan Mastiffs. Plaintiffs alleged that defendants advertised or sold dogs in Illinois via the telephone, United States mail and the Internet. appealed. 526, 628 N.E.2d 990 (1993), and Burger King Corp. v. Rudzewicz, 471 U.S. 462, 105 S.Ct. The Cornelsens, residents of Oklahoma, and Nowland, a resident of Washington, filed special and limited appearances and moved to dismiss the complaint for lack of in personam jurisdiction. Berthold Types Ltd. v. European Mikrograf Corp., 102 F.Supp.2d 928 (N.D.Ill.2000); Jennings v. AC Hydraulic A/S, 383 F.3d 546 (7th Cir.2004). The contacts between Cornelsen and Illinois are
Turning to the second factor, Illinois has a strong interest in providing its residents with a convenient forum. 2174, 85 L.Ed.2d 528 (1985)). Here, plaintiffs have shown that defendants purposely directed their activities at Illinois by initiating negotiations with regard to the sale of two pups. Plaintiffs appeal. 1026, 94 L.Ed.2d 92 (1987). Reserved. First, defendants have not shown that it would be unduly burdensome for them to defend this action in Illinois. Contact us. This, they have not done. Relevant to our inquiry are the following provisions of the Illinois long-arm statute: (a)Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits such person, and, if an individual, his or her personal representative, to the jurisdiction of the courts of this State as to any cause of action arising from the doing of any of such acts: (2)The commission of a tortious act within this State; (c)A court may also exercise jurisdiction on any other basis now or hereafter permitted by the Illinois Constitution and the Constitution of the United States. 735 ILCS 5/2-209(a)(2),(c) (West 2002). chat rooms and discussion groups accessible worldwide to spread unfounded rumors of a genetic defect in Mohanna. Viktron, 326 Ill.App.3d at 126, 259 Ill.Dec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. At one end, jurisdiction may be asserted if the defendant transacts business in foreign jurisdictions via an interactive website where contracts are completed online and the defendant derives profits directly from web-related activity. Bombliss lives in Illinois and breeds Tibetan
Plaintiffs argue that specific in personam jurisdiction is established either because the Cornelsens intentionally directed tortious activities at the Illinois plaintiffs or because the assertion of jurisdiction comports with the due process clauses of the Illinois and United States Constitutions. Next, we must consider whether plaintiffs' cause of action arose out of defendants' contacts with Illinois. The term dangerous can also be subjective. The issue we are asked to determine is whether this state's long-arm statute permits Illinois courts to exercise personal jurisdiction over the Oklahoma defendants. Berthold Types, 102 F.Supp.2d at 932-33, citing Zippo, 952 F.Supp. If the plaintiff has established that the defendant purposely directed his activities at the forum state, it is the defendant's burden to show that litigating the dispute in that state would be unreasonable. Their grief was intensified when they learned the dog that attacked their small senior pup was one with a known history of aggression. The goal is to encourage dog owners to responsibly care for their pets and take necessary steps to avoid potentially dangerous incidents. minimum contacts as Cornelsen purposefully entered into business in Illinois
On that second strike, the dog owner risks having their pet removed from their home and transported to a local shelter or rescue. Where the defendant is shown to have deliberately engaged in significant activities within the forum state or created ongoing obligations with a resident of the forum state, the defendant has accepted the privilege of doing business with the forum state, and it is not unreasonable to require him to litigate there. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Plaintiffs' complaint alleges that both they and the Cornelsens are breeders of Tibetan mastiffs. advertises them nationally. His owners were devastated. We therefore conclude that the assertion of in personam jurisdiction comports with this state's due process guaranty. If defendants' commercial website inviting prospective puppy purchasers to communicate with them by e-mail were the full extent of their internet activity, we would not find sufficient purposeful contacts with Illinois to assert long arm jurisdiction. If the only contacts defendants had with Illinois consisted of a single telephone call and one mailing in connection with their sale of the two pups to plaintiffs, we might agree with the trial court that plaintiffs failed to establish sufficient minimum contacts to satisfy due process. 2174, 85 L.Ed.2d 528. I disagree, however, with the majority's application of the law to the instant facts. Bombliss
2174, 85 L.Ed.2d 528. posted on the Internet by Cornelsen. It would appear that most of the documentary evidence and some of the witnesses are situated in Illinois. room that cast into doubt the breeding quality of the dogs Bombliss bought. The factors articulated in Viktron Ltd. Partnership v. Program Data Inc., 326 Ill.App.3d 111, 121, 259 Ill.Dec. Burger King, 471 U.S. 462, 105 S.Ct. As a consequence, they allege, they lost potential customers for her pups. Zazove v. Pelikan, Inc., 326 Ill.App.3d 798, 803, 260 Ill.Dec. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Plaintiffs claimed that defendants knowingly published false statements about Mohanna's genetic line to retaliate against Eichhorn, and that, as a consequence, negotiations with several potential puppy customers had fallen through. Viktron, 326 Ill.App.3d 111, 259 Ill.Dec. of Illinois who traveled to Oklahoma to buy dogs from a breeder could sue
She subsequently posted messages stating that she believed the puppy suffered from a genetic disease and that all of the puppies from that litter should be spayed or neutered and none should be bred. Her message was not limited to any particular state, and she did not use the message to transact any business in Illinois. All Rights
706, 759 N.E.2d at 200, quoting Rollins v. Ellwood, 141 Ill.2d 244, 275, 152 Ill.Dec. Plaintiffs also claimed that they were denied membership in Internet discussion groups, and that defendants' comments impeached their integrity and impaired their good reputations. See Viktron, 326 Ill.App.3d at 124, 259 Ill.Dec. According to plaintiffs, defendants' statements targeted Mohanna and her littermates and falsely indicated that no genetically sound puppies would result from breeding Mohanna. trial court dismissed the complaint for lack of personal jurisdiction. Hanson v. Denckla, 357 U.S. 235, 78 S.Ct. According to the complaint, Anne waited until January 24, 2002, to take one of the sick pups to the veterinarian, and at that time it was confirmed that the pup had pneumonia. The actions that matter do not warrant Illinois jurisdiction. , Mans About To Return Shelter Dog When He Reads Previous Owners Note. sufficient to satisfy due process to establish personal jurisdiction under
They further stated that defendants had telephoned them and used the United States postal service and e-mail to communicate directly with them at plaintiffs' residence in Illinois. dogs Bombliss bought were to be of breeding quality and guaranteed free
In our opinion, the totality of defendants' activities in Illinois, including (1) the contract negotiations and follow-up AKC registration of Mohanna, (2) maintenance of a commercial interactive website, and (3) use of Tibetan mastiff chat rooms to reach potential customers of Tibetan mastiff breeders, including plaintiffs, were of sufficient quantity and quality to constitute minimum contacts in Illinois under federal due process analysis. Between these types of websites lies a third category that is interactive, in that it allows customers in foreign jurisdictions to communicate regarding the defendant's services or products. Accordingly, it was defendants' burden to show that it would be unreasonable to require them to litigate this action in Illinois, a burden they have not borne. Justice McDADE delivered the opinion of the court: LYTTON, J., concurs. Subsection (c) has been interpreted to mean that, if contacts between the defendant and Illinois are sufficient to satisfy due process under the state and federal constitutions, no further inquiry is necessary to satisfy the statute. 7 Times Pet Insurance Saved Pawrents From Outrageously Expensive Vet Bills, Officer Adopts Distressed Dog Stranded In Hot Car For Hours, 80 Neglected, Traumatized Dogs Discovered In Condemned House, Stick Lodged Inside Dogs Neck Goes Unnoticed By Vets For 6 Weeks, Pet Lovers Rejoice As New York Gets Closer To Banning Puppy Stores, I just put down my dog. And, finally, defendants have advanced no compelling argument for finding that litigating the cause in Oklahoma would serve the interstate judicial system, or that the shared interests of both states in advancing fundamental social policies would be better served by litigating in Oklahoma. Plaintiff dog breeders, Ronald P. and Catherine E. Bombliss, filed a complaint in the circuit court alleging that the defendant dog breeders, Anne and Jim Cornelsen and Judy Nowland, committed tortious interference with prospective business advantage, defamation, false light invasion of privacy and intentional infliction of emotional distress. Nevertheless, in April, Anne completed American Kennel Club (AKC) registration papers for Mohanna, one of the sick puppy's littermates that had been sold to plaintiffs in January, indicating that the puppy was for breeding. She forwarded the papers by United States mail to plaintiffs' home in Illinois. The complaint alleges that Anne was angry with Eichhorn, because he had delivered Mulan to defendants infected with roundworms and ticks. Pursuant to his agreement with the Cornelsens, he was entitled to odd-numbered pups from Mulan's first two litters by a sire of Eichhorn's choice. In 2017, a 10-year-old Yorkie named Buddy was attacked by an off-leash dog in Hanover Park in Illinois. 384, 565 N.E.2d 1302 (1990). The
The email address cannot be subscribed. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Under the circumstances, it was defendants' burden to show that litigating the cause in Illinois would be unreasonable. breeder had an active commercial website to sell the dogs and used the phone
I simply disagree with the majority's decision to nonetheless extend Illinois jurisdiction based on the totality of Anne's actions. When the parties have a contractual relationship, minimum contacts may be shown by the parties' negotiations preceding their agreement, the course of dealing between the parties, the terms of the agreement and foreseeable future consequences arising out of the agreement. 559, 62 L.Ed.2d 490 (1980). 1119. mastiffs. Introduced by Senator Laura Murphy, the new law will hold pet owners accountable for their dogs behavior in cases where the dog has already been deemed dangerous. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S.Ct. In this case, plaintiffs allege that defendants telephoned plaintiffs at their residence in Illinois and initiated negotiations for the sale of pick-of-the-litter breeding quality puppies. and mail to discuss sales. World-Wide Volkswagen, 444 U.S. 286, 100 S.Ct. According to ABC7 Chicago, if a dog with a known history of dangerous encounters is found running at large twice within 12 months of the original incident, the dogs owner will be held accountable. Burger King, 471 U.S. 462, 105 S.Ct. Zippo Manufacturing Co. v. Zippo Dot Com, Inc., 952 F.Supp. In support of the motion, they filed an affidavit stating that they maintained an interactive website that allowed potential customers in foreign jurisdictions to communicate with them regarding the sale of pups, but all sales took place in Oklahoma. In December 2001, Anne telephoned plaintiffs and informed them that she had two litters of Tibetan mastiff puppies. The Illinois due process guaranty allows the assertion of in personam jurisdiction only if it is fair, just and reasonable to require a nonresident defendant to defend in Illinois, considering the quality and nature of the defendant's acts in Illinois or which affect interests located in Illinois.