ITMG 381 AMU Making a Decision on Personal Jurisdiction Discussion

Instructions:

Useexamples from the readings, lecture notes and outside research tosupport your answers. The assignment must be a minimum of 1-full page inlength with a minimum of 2 – outside sources. Please be sure to followAPA guidelines for citing and referencing source.

Chapter 8

Review Question #4 on page 261 and then answer the following question:

The district court is considering whether the exercise of personal jurisdiction is proper. What should it decide and why?

attached is the page for question #4.

Chapter 9

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was that it falls under the “effects test.” The effects test has three prongs that must be shown: (1) that
the defendant committed an intentional tort, (2) the brunt of the harm was felt by the plaintiff in the
forum state, making the forum state the focal point of the harm, and (3) the defendant aimed the tort
at the forum state. Should the court of appeals affirm or reverse the district court’s dismissal of the
case for lack of personal jurisdiction? Why or why not?66
Q
4.
The new age of technology presents much opportunity for litigation. The Internet is no exception.
When operating Internet websites, an important part of it is owning the domain name
(www.example.com). Anyone in the world can own any domain name that is available and the facts
of this case arise from this concept.
A
The plaintiff in this case, Weather Underground Corporation (Weather Underground), a Michigan
corporation, is a commercial weather service. It owns and operates several domain names so that
people can access their company through their websites. Defendants in this case, Navigation Catalyst
Systems, Incorporated (“NCS”), a Delaware corporation, owns many domain names that are similar to
the plaintiff’s company name (some would result from people misspelling the correct domain name
for Weather Underground). NCS profits from consumers going to one of these websites and clicking
on links that are on them.
Plaintiff filed suit against NCS and several of its companies in the District Court for the Eastern
District of Michigan. As defendants were not incorporated in Michigan, the issue of personal
jurisdiction arise. The courts of appeals have held that in order to establish specific personal
jurisdiction (showing that this company has established contacts with the forum state), one must
show three things: (1) the defendant purposefully availed himself of the privilege of acting in the
forum state, (2) the cause of action arises from the defendant’s activities there, and (3) the defendants
acts were so substantial as to make the exercise of personal jurisdiction there reasonable.
The district court is considering whether the exercise of personal jurisdiction is proper. What should
it decide and why?67
5.
The plaintiff in this case is Best Van Lines, Inc., (“BVL”), a New York based moving company, which
claims to have been defamed by Tim Walker (“Walker”), a resident of Iowa, who runs a website that is
exclusively meant to provide information and opinions about household movers. Walker allegedly
posted statements on his website claiming that BVL had just received its license and it should not be
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