DocketNumber: No. 07-CA-14.
Citation Numbers: 2008 Ohio 1922
Judges: HOFFMAN, P.J.
Filed Date: 4/18/2008
Status: Precedential
Modified Date: 7/6/2016
{¶ 37} I agree with the majority's statement of the law governing the issue of personal jurisdiction under Ohio's long-arm statute. However, I disagree with the majority's application of the law, particularly theCalder "effects test", to the facts of this case.
{¶ 38} Here, the cause of action arose from Roberts posting allegedly defamatory comments on Internet bulletin boards, which are an increasingly popular forum of communication. Many businesses and organizations solicit public opinion and dialogue via bulletin boards. These "customer satisfaction forums" exist so people can post comments, suggestions, compliments or grievances on numerous consumer products and services, such as vacation resorts, restaurants, and as here, automotive components. These bulletin boards are the electronic equivalent of a response card. They are targeted based upon a shared interest in a particular topic, rather than based on a geographic location.
{¶ 39} In Calder, the U.S. Supreme Court concluded that a California state court had personal jurisdiction over the National Enquirer, a nationally distributed weekly with editorial offices in Florida, and a reporter and an editor, both Florida residents, in a lawsuit based on an allegedly libelous story about the activities of a California resident. Employing what has since become known as the "effects test", the Court reasoned that because "California is the focal point both of the story and of the harm suffered," jurisdiction over the defendants was "proper in California based on the `effects' of their Florida conduct in California." Id. at 789,
{¶ 40} The majority in this case focuses only upon the alleged harm of Roberts' actions being felt in Ohio. However, this is insufficient based upon the "effects test", which also requires that the defendant expressly aim his tortious conduct at the forum. Id. See also, Cadle v.Schlichtmann, et al., Case No. 4:03CV2151,
{¶ 41} In this matter, Roberts' posting were accessible around the world and there is no evidence or allegation Roberts directly targeted, solicited or interacted with Ohio residents via the bulletin board. Even though Roberts knew Kauffman Racing was located in Ohio, Kauffman Racing did not show that Roberts had expressly aimed his tortious conduct at Ohio, thus "minimum contacts" with Ohio as it relates to the bulletin board messages was never created for purposes of long-arm jurisdiction.
{¶ 42} Even assuming Roberts knew the postings could be accessible and read by Ohio residents; this is insufficient contact to warrant exercise of personal jurisdiction. See, Toys "R" Us, Inc. v. Step Two, S.A.,
{¶ 43} This conclusion is supported by other cases addressing Internet activity and long-arm jurisdiction. See, Novak v. Benn,
{¶ 44} Under the facts of this case, I find Roberts' activity to be too attenuated to support a finding of personal jurisdiction under the Due Process Clause. To hold otherwise, subjects online communicators to be subject to suit in any state for which the website content is accessible and without evidence of express aiming or intentional targeting. Accordingly, I would affirm the trial court's dismissal of Kauffman Racing's complaint for lack of personal jurisdiction. *Page 16
Novak v. Benn , 896 So. 2d 513 ( 2004 )
Toys \"R\" Us, Inc. Geoffrey, Inc. v. Step Two, S.A. ... , 318 F.3d 446 ( 2003 )
Griffis v. Luban , 538 U.S. 906 ( 2003 )
stanley-k-young-v-new-haven-advocate-gail-thompson-camille-jackson , 315 F.3d 256 ( 2002 )
Calder v. Jones , 104 S. Ct. 1482 ( 1984 )