Abdouch v. Lopez PDF

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Personal Jurisdiction: Calder Effects Test & Sliding Scale Test Abdouch v. Lopez 285 Neb. 718, 829 N.W.2d 662 (2013)

“Calder Effects Test” | p. 121-28 Facts: Abdouch worked on JFK campaign in NE. She gets signed copy of book by author Yates. It is stolen at some point. Lopez buys book in 2009 and sells in 2011 with ad stating Abdouch names and notes Yates / JFK connection. Abdouch sues for tort on privacy claims. Procedural History: Brought to district court in NE. Dismissed on grounds of no personal jurisdiction. Abdouch appeals to NE Supreme Court Issue: Does the activity of a website target the forum state? What if it is simply transactions and what if a tort claim? Rule of Law: “Sliding Scale” Test from Zippo Mfg. Co. v. Zippo Dot Com and the use of the “Calder Effects Test” from Jones v. Calder for tort claims across state jurisdictions. Holding: No minimum contacts by Lopez to NE. Sliding Scale Test does not show that website personally avails itself to NE. No Calder Effects Test as Lopez does not specifically target NE with the claim of tortious activity. Reasoning: No minimum contacts established by Lopez or his online bookstore that was specifically directed at NE. He has very little sales in NE and they are unrelated to this claim. No targeting of the forum state to do harm as part of the Calder Effects Test. Thus there is no personal jurisdiction here. Concept: International Shoe application towards the Internet with the Sliding Scale Test. Also includes the Calder Effects Test to determine personal jurisdiction for Tort claims. Rule §§: International Shoe, Jones v. Calder, Zippo Mfg. Co v. Zippo Dot Com

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Personal Jurisdiction: Calder Effects Test & Sliding Scale Test Notes and Problems: 1. Two Lines of Authority a. Zippo Case – employs the Sliding Scale Test for Internet Websites that specifically would target the forum state. Applied International Shoe to the internet. Lopez doesn’t specifically target the state of NE. His minimum contacts are small and never been there for sales. Any contacts with NE are unrelated and those residents solicited him not the other way around. b. Calder Case – Defendant takes a tort action in State A that effects in State B. No knowledge of the effect occurred so no tort claim can be filed. What facts would give tort claim merit? Lopez would have to specifically state that NE was a selling place for the book. If the purchaser was a NE resident or the book was specifically sold in an ad in NE. 2. The Zippo interactivity test has been criticized for asking not quiet the right question. a. Internet operates differently than in 1997. All websites are virtually interactive and operate behind the scene with the use of cookies for advertising. Kindig It Design, Inc. v. Creative Controls, Inc, 157 F. Supp. 3d 116 (D. Utah 2016). b. Argument against idea of interactivities of the website, but instead look at the idea does the website personally avail itself to the benefits and protections of the state. Is this a persuasive argument?  Not necessarily as it would just be part of the sliding scale test that still exists. People who browse the web are coming to your “store” located in your forum state. Unless you were advertising to specifically target a state then it could be determined to accept personal jurisdiction. 3. Application of Calder in another case: Walden v. Fiore, 134 S. Ct. 1115 (2014) Gina Fiore and her companion were professional gamblers. While travelling through Atlanta GA to NV home stopped with $97,000 in cash. Accused of drug smuggling. Walden filed to seize the money for drug smuggling and then Fiore sued. Fiore sued in District court in NV and Walden claimed there was no personal jurisdiction over him. Fiore cited the Calder Effects Test stating

that his tortious act was directed at the forum state and her. He knew that she was a resident of NV. Firore Court stated that was not the case and created a more stringent ruling based on the facts of the Calder Effects Test. It wasn’t the plaintiff’s residence that mattered in Calder but the phone calls and actions by the defendant to contact the forum state for sources. Also the substantial sales in the forum state were used for contacts. Since Walden had not gone out of his way to make claims and target the state of NV, there was no personal jurisdiction over him in NV. Fiore would have to sue him in Federal Court or D. GA court....