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Thursday, April 08, 2010

Ind. Decisions - 7th Circuit issues opinion on internet jurisdiction

On April 5th the ILB posted this entry headed "Indiana's Legal Precedent Regarding Personal Jurisdiction in Online Auction Cases."

Today the 7th Circuit has issued a 32-page opinion in an Illinois case, Tamburo v. Dworkin, where Judge Stykes writes:

John Tamburo, an Illinois resident who operates a dog-breeding software business in Illinois, filed suit in the Northern District of Illinois alleging federal and state antitrust violations and several intentional tort claims under Illinois law. His claims arise out of a dispute over the contents of a dog-pedigree software program he developed by lifting data from the defendants’ websites. He alleges the defendants used the Internet to retaliate against him for copying their online data, which he contends was in the public domain. The defendants are a Canadian proprietor of a dog-pedigree website who has never visited or transacted business in Illinois; three Americans who likewise maintain dogpedigree websites and are residents of Colorado, Michigan, and Ohio with only sporadic contacts with Illinois; and an Australian software company with insignificant sales in Illinois. This appeal requires us to apply long-established rules for asserting personal jurisdiction over foreign defendants to the relatively new setting of torts committed over the Internet.

Posted by Marcia Oddi on April 8, 2010 08:45 PM
Posted to Ind. (7th Cir.) Decisions