Seymourpus
BANNED
With the recent riff raff about paying and not getting after buying on a website...
Question:
Can someone from one state sue someone from another state for not getting a purchased item advertised or auctioned on an internet website? Remember we are 50 states with different rules. Should someone from CA be able to sue someone from MA for a single purchase? Can they file a claim in their home state and make the other party come to that state? Or can they file a claim in the sellers state and go there?
Answer: That all depends. Courts must have specific personal jurisdiction to hear the case. A 2008 internet sale case came up with rules for a court to hear the case.
(1) purposeful direction of activities by defendant toward the state (here CA),
(2) a claim arising out of or related to defendant's related activities in that state (CA), and
(3) reasonableness, fair-play, and substantial justice.
#3 means should someone spend $4,000 to come across country for a $200 suit.
It would boil down to how many times has the person advertised and transacted business in CA and what was the amount of harm.
Essentially, buyer beware most courts will not let you sue an out of state person for a single or several on-line transactions with someone who has little contact with your state.
Question:
Can someone from one state sue someone from another state for not getting a purchased item advertised or auctioned on an internet website? Remember we are 50 states with different rules. Should someone from CA be able to sue someone from MA for a single purchase? Can they file a claim in their home state and make the other party come to that state? Or can they file a claim in the sellers state and go there?
Answer: That all depends. Courts must have specific personal jurisdiction to hear the case. A 2008 internet sale case came up with rules for a court to hear the case.
(1) purposeful direction of activities by defendant toward the state (here CA),
(2) a claim arising out of or related to defendant's related activities in that state (CA), and
(3) reasonableness, fair-play, and substantial justice.
#3 means should someone spend $4,000 to come across country for a $200 suit.
It would boil down to how many times has the person advertised and transacted business in CA and what was the amount of harm.
Essentially, buyer beware most courts will not let you sue an out of state person for a single or several on-line transactions with someone who has little contact with your state.
