Tag Archives: Purposeful Availment

Sixth Circuit Holds That Placement of a Website Server in a State Does Not Automatically Expose Those Who Use It to Personal Jurisdiction There

In Carbone v. Kaal, No. 24-3795 (6th Cir. June 20, 2025), the Sixth Circuit affirms the dismissal of a tort action under Fed. R. Civ. P. 12(b)(2), holding that though the defendants allegedly transmitted defamatory statements through a server in Ohio, this fact alone did not support laying specific personal jurisdiction in that forum. “Robert Carbone,Continue reading “Sixth Circuit Holds That Placement of a Website Server in a State Does Not Automatically Expose Those Who Use It to Personal Jurisdiction There”

En Banc Ninth Circuit Overrules Case Authority That Personal Jurisdiction Over an Online Business Requires That Its Marketing Be Shown to Have a “Forum-Specific Focus”

In Briskin v. Shopify, No. 22-15815 (9th Cir. Apr. 21, 2025) (en banc), the Ninth Circuit considers a customer privacy claim by a California resident against a Canadian online retailer and its American subsidiaries. The court (10-1) reverses the lower court’s dismissal on personal jurisdiction grounds, overruling AMA Multimedia, LLC v. Wanat, 970 F.3d 1201Continue reading “En Banc Ninth Circuit Overrules Case Authority That Personal Jurisdiction Over an Online Business Requires That Its Marketing Be Shown to Have a “Forum-Specific Focus””

Session Replay Code Embedded in Retail Website Did Not Constitute “Purposeful Availment” of State Where Customer Was Located, Holds First Circuit

In Rosenthal v. Bloomingdales.com, LLC, No. 23-1683 (1st Cir. May 9, 2024), a First Circuit panel holds that the inclusion of a session replay provider (SRP) on a commercial website hosted out of state, which allegedly permitted surveillance of customers, did not create grounds for specific personal jurisdiction against the store in the state whereContinue reading “Session Replay Code Embedded in Retail Website Did Not Constitute “Purposeful Availment” of State Where Customer Was Located, Holds First Circuit”

County Cop’s Hot Pursuit of Suspect Across State Line Was “Purposeful Availment” for Personal Jurisdiction Purposes, Holds Eighth Circuit

In a terse five-page opinion, an Eighth Circuit panel in Wade v. Pottawattamie Cnty. No. 23-1059 (8th Cir. May 7, 2024), reverses a decision that dismissed, on personal jurisdiction grounds, a lawsuit against an Iowa county in a personal injury case involving a deputy crossing state lines. “The unfortunate chain of events began when aContinue reading “County Cop’s Hot Pursuit of Suspect Across State Line Was “Purposeful Availment” for Personal Jurisdiction Purposes, Holds Eighth Circuit”

Ninth Circuit Holds Battery Maker Made “Purposeful Availment” of the State of Hawai’i Sufficient for Personal Jurisdiction, Yet A Product Liability Case Did Not “Arise Out of Or Relate To” Those Contacts

In Yamashita v. LG Chem, Ltd., No. 20-17512 (9th Cir. Mar. 6, 2023), the Ninth Circuit holds in a products-liability case that there was no personal jurisdiction in Hawai’i over a USA subsidiary of a South Korean manufacturer headquartered in Georgia, despite that the company ships their products through Honolulu and sells some of itsContinue reading “Ninth Circuit Holds Battery Maker Made “Purposeful Availment” of the State of Hawai’i Sufficient for Personal Jurisdiction, Yet A Product Liability Case Did Not “Arise Out of Or Relate To” Those Contacts”