Web Auction Sales and Long-Arm Jurisdiction
Jeffrey A. Parness
Northern Illinois University - College of Law
September 17, 2010
Illinois Bar Journal, Vol. 98, p. 486, 2010
In MacNeil v. Trambert, 401 Ill.App.3d 1077 (Ill. App. 2d 2010), an Illinois appeals court found that an Illinois eBay buyer could not use long-arm jurisdiction to hale a California seller into an Illinois state court. The opinion demonstrates the continuing challenges courts face in determining the reach of long-arm jurisdiction in website contract cases involving non-forum sellers and forum buyers.
After the decision, the roles of the “transaction of any business” and “tortious act” provisions of the Illinois long-arm statute remain unclear. The parameters of a “one-time deal” remain elusive. Distinctions between forms of “interactive”, as opposed to “passive,” websites, as well as between forms of website owners, remain fuzzy.
The article reviews MacNeil, discussing when forum buyers might be able to sue non-forum sellers based on troubled Internet purchases.
Number of Pages in PDF File: 2
Keywords: civil procedure, personal jurisdiction, minimum contacts, International Shoe, internet contacts
Date posted: September 19, 2010