Neither the Eighth Circuit in Ba

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Neither the Eighth Circuit in Barone nor the Supreme Court in Asahi has given the stream of commerce theory the breadth suggested by plaintiffs. Kilcrease v. Butler, 293 Ark.

Arkansas, Fayetteville Division.

Under this type of arrangement, the products do not bear Boto's name but will instead bear the name of the customer or some other distinguishing mark. The orders came from Pacific Resources Export, Limited, a Hong Kong company. As the Supreme Court has stated on more than one occasion, the determination of whether minimum contacts exist "is one in which few answers will be written `in black and white. Plaintiffs contend that such imputed knowledge of foreseeability can be drawn from the huge volume of business Boto does each year with national retailers and its efforts to "nurture" its business relationship with Hobby Lobby. These products in turn are distributed by Hobby Lobby to its retail outlets. Co. v. Superior Court of Calif., 480 U.S. 102, 107 S.Ct. Boto has no agent for service of process in Arkansas. switch plate light cowboy double cabin log boots covers decor rustic lodge lobby hobby hobbylobby western After the filing of this lawsuit, Boto has received two purchase orders relating to Wal-Mart. 1994) (citation omitted). 1992). Barone, 25 F.3d at 614. Barone sued the distributor of the fireworks, Rich Brothers, and the manufacturer, Hosoya Fireworks Co. of Tokyo, Japan. Rich Brothers sold fireworks displays through its six regional salesmen and through a catalog by mail.

During these trips, he makes contact with several of Boto's major customers, including Hobby Lobby. 1994), the Eighth Circuit discussed the concept. See also Asahi Metal Indus. . .

Gary Jech, a buyer for Hobby Lobby, also saw the shipping boxes "stamped for destination labeled `Bentonville, Arkansas.'". See also Lesnick v. Hollingsworth Vose Co., 35 F.3d 939 (4th Cir. The court is reminded that personal jurisdiction may arise without the defendant's ever stepping foot on the forum state's soil. In his second affidavit, Green made the following statements regarding his conversations with Kao at Hobby Lobby's home office: All parties cite to and rely on cases dealing with the stream of commerce theory. Radaszewski v. Telecom Corp., 981 F.2d 305, 309 (8th Cir. "When personal jurisdiction is challenged, the plaintiff has the burden to show jurisdiction exists." With regard to the advertising on the "World Wide Web," Boto states the Internet address does not contain any advertising or listing for Boto.

Plaintiffs have made no showing that Boto is involved in any manner in creating or maintaining this distribution system or even has any specific knowledge of Hobby Lobby's distribution system. In Zippo Manufacturing Co. v. Zippo Dot Com, Inc., 952 F. Supp.

1996) (injection of the product into the stream of commerce, without more, would be at best a dubious ground for jurisdiction); Lesnick v. Hollingsworth Vose Co., 35 F.3d 939 (4th Cir. The parties stress the fact that Boto advertises in Arkansas via the "World-Wide Web," Boto currently is shipping products marked with a destination of "Bentonville, Arkansas," and Boto sells to various nationwide distributors that maintain stores in Arkansas.

Plaintiffs suggest that, by selling millions of dollars worth of its product each year to the country's largest national retailers, Boto is utilizing a significant United States distribution network. 2569, 2580, 53 L.Ed.2d 683 (1977).

David McCune, Don Taylor, Davis, Cox Wright, Fayetteville, AR, for Everstar. This wrongful death action was filed on August 9, 1996, in the Circuit Court of Benton County, Arkansas by Woodrow Smith, individually and in his capacity as administrator of the estate of Mary Elizabeth Smith. The long-arm statute has been amended and now provides that "[t]he courts of this state shall have personal jurisdiction of all persons, and all causes of action or claims for relief, to the maximum extent permitted by the due process of law clause of the Fourteenth Amendment of the United States Constitution." from the sale of these trees in Arkansas;" (10) he is "confident" that Michael Kao has known since 1985 the trees it sold Hobby Lobby were distributed among "all our stores including the stores we had in Arkansas;" (11) in 1995 Boto was aware that we had stores in nine states, all of which surround Arkansas; (12) in 1995 Hobby Lobby did $2.3 million worth of business with Boto and purchased 101,100 trees; (13) in 1996 Hobby Lobby did an estimated $3.0 million worth of business with Boto; (14) "[i]t is my information that Boto .

The labels on the boxes which referred to Bentonville, Arkansas, are "private labels" which were furnished to Boto by Pacific Resources Export Limited. 454, 455, 739 S.W.2d 139 (1987) (citations omitted). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Mike D. Beebe, A. Watson Bell, Lightle, Beebe, Raney Bell, Searcy, AR, Howard L. Slinkard, Rogers, AR, Brian Wood, Roy Lambert, Springdale, AR, for Woodrow W. Smith. Code Ann. 95 (1945).

. Viam Corp. v. Iowa Export-Import Trading Co., 84 F.3d 424, 427 (Fed. 8 9, 80 L.Ed.2d 404 (1984) the Eighth Circuit "elaborated on the third factor (the relationship of the cause of action to the contacts), distinguishing between specific jurisdiction and general jurisdiction." Further it argues that the mere advertisement on the Internet surely does not mean that a company is subject to personal jurisdiction at each and every location on the planet where someone is capable of logging on the Internet. It did not advertise in Nebraska or directly send any products in Nebraska. See CompuServe, Inc. v. Patterson, 89 F.3d 1257 (6th Cir. Plaintiffs have shown no contact with the State of Arkansas other than the fact that Boto's customer, Hobby Lobby, and perhaps other Boto customers, distributed Boto's goods to its stores in Arkansas. .

1119 (W.D.Pa. The complaint alleges Hobby Lobby is liable under various theories including negligence, breach of warranty, and strict liability. Boto did not contract to sell any goods or services to any citizens of Arkansas over the Internet site. The courts have not abandoned the notion that jurisdiction must be premised on activity deliberately directed toward the forum state or on proof of purposeful availment of the privilege of doing business in the forum state. ." Thus the sole question is whether the exercise of personal jurisdiction is consistent with the due process clause. 1997) the court discussed in detail the impact of the Internet on the personal jurisdiction analysis. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S.Ct. in our home office in Oklahoma City"; (4) since Boto began soliciting Hobby Lobby's business, "there has been a map on display at our home office . Hobby Lobby sought and was granted leave to file a third-party complaint against Boto and Everstar Merchandise Co., Ltd. 1994), cert. Shaffer v. Heitner, 433 U.S. 186, 204, 97 S.Ct.

Make your practice more effective and efficient with Casetexts legal research suite. Plaintiffs concede that the Eighth Circuit has consistently held that more than mere foreseeability is required to establish personal jurisdiction over a foreign defendant. Home Electrical Outlets, Switches & Accessories, Home Electrical Wall Plates & Outlet Covers, 2 Double Light Switch Covers Pink Rustic Toggle Hobby Lobby739990, - eBay Money Back Guarantee - opens in a new window or tab, - eBay Return policy - opens in a new tab or window, - eBay Money Back Guarantee - opens in a new tab or window. The Court of Appeals for the Eighth Circuit has determined that satisfaction of the due process standard may be measured by weighing the following factors: the nature and quality of defendant's contacts with the forum state; quantity of contacts; source and connection of the cause of action with those contacts; and, to a lesser degree, the interest of the forum state in providing a forum for its residents; and the convenience of the parties. Kendall B. Jones, Fort Smith, AR, for Hobby Lobby. Hosoya moved to dismiss for lack of personal jurisdiction. The third-party complaint alleges that Boto was the manufacturer and supplier of the artificial Christmas tree. Barone v. Rich Bros. Interstate Display Fireworks Co., 25 F.3d 610, 612 (8th Cir.

Burlington Industries, Inc. v. Maples Industries, 97 F.3d 1100, 1102 (8th Cir. The district court granted the motion and the Eighth Circuit reversed.

Kids, Inc., 22 F.3d 816, 819 (8th Cir.

The court's attention is also drawn to the fact that Kao testified that it was foreseeable that Boto's products could end up in any state in the United States. With regard to the alleged sales to Wal-Mart, Boto points out it dealt only with Pacific Resources Export Limited. Courts analyze a defendant's contacts with the State under "general" and "specific" jurisdictional inquiries., " 1997 WL 97097 at *10. The Bentonville, Arkansas, address was not an indication of the ultimate destination of the products manufactured by Boto. In that case Barone was injured in Nebraska when a fireworks display he was helping set up went awry. Ark. 1561 (1948)). The Eighth Circuit cited Giotis v. Apollo of the Ozarks, Inc., 800 F.2d 660 (7th Cir. The Supreme Court in Asahi Metal Industry Co. v. Superior Court of California, 480 U.S. 102, 107 S.Ct. . The greys are dominant and even among them the shades are innumerable.'" Cir. It purchases products, the court assumes, from any number of companies. 1965). The fire destroyed the Smith home and Mary Elizabeth died from injuries sustained during the fire. . Boto also offers the affidavit of its managing director, Michael Kao, who has for the past few years traveled to Hobby Lobby's headquarters in Oklahoma City, Oklahoma. There must be some showing that the manufacturer purposefully availed itself of the privilege of doing business in the forum state or in some manner directed its activities at the forum state. 1995); Barone v. Rich Bros. Interstate Display Fireworks Co., 25 F.3d 610, 612 (8th Cir. Instead, those courts have read World-Wide to require more of the defendant than mere knowledge of the product's entry into the forum state through the stream of commerce. 1213, 1216, 92 L.Ed. 1977). It is argued that it is indisputable that Boto knew or should have known that its products were being sold in Arkansas. Ark. Mountaire Feeds, Inc. v. Agro Impex, S.A., 677 F.2d 651, 654 (8th Cir. Hosoya sold products throughout the United States by utilizing nine distributors in six states. 1982), citing, World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S.Ct.

One of the six salesmen was located in Nebraska. . Kao states: (1) he has never visited the State of Arkansas and has had no dealings with any persons in Arkansas; (2) he was not aware that Hobby Lobby had any stores in Arkansas nor was he aware of the location of Arkansas in the United States until this lawsuit; (3) he recalls seeing a map of the United States in a corridor adjacent to a meeting room in Hobby Lobby's Oklahoma office; (4) the products sold to Hobby Lobby were placed on an ocean liner by Boto in Hong Kong destined at Hobby Lobby's cost and direction for a port in the United States; (5) he has no knowledge of how or where the products were distributed or sold by Hobby Lobby; (6) he has no knowledge of whether any products purchased by Hobby Lobby were resold in Arkansas; and (7) he has not discussed the method or manner of distribution of products purchased from Boto by Hobby Lobby with any representative of Hobby Lobby.

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