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Sunday, May 18, 2014

Ind. Decisions - "Ruling for 'PepperBall' Maker Falls Apart in 7th"

On May 9th the ILB posted Chief Judge Diane Wood's introduction to her opinion in Advanced Tactical Ordnance Sys v. Real Action Paintball, Incorpo., ending:

We conclude that the district court lacked personal jurisdiction over defendant Real Action, which preserved its objection on this point. We therefore reverse and remand with directions to dismiss on that basis.
But this summary by Kevin Lessmiller of Courthouse News Service gets to the essence of the ruling:
Advanced Tactical argued that its home state of Indiana constituted proper jurisdiction because Real Action was doing business there via its website "capable of accepting orders from citizens of Indiana," the 7th Circuit explained. * * *

But the Chicago-based appeals court reversed and remanded for dismissal on May 9, ruling that Real Action did not have "the necessary minimum contacts with Indiana to support specific jurisdiction."

"Having an 'interactive website' (which hardly rules out anything in 2014) should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible," Judge Diane Wood wrote for a three-member panel.

Posted by Marcia Oddi on May 18, 2014 01:39 PM
Posted to Ind. (7th Cir.) Decisions