1. Jody Blanke, Professor Computer Information Systems and Law
Jurisdiction
Jody Blanke, Professor
Computer Information Systems and Law

2. Personal Jurisdiction
Physical presence in state
International Shoe (1945)
Required sufficient “minimum contacts”
Such that jurisdiction would not offend “traditional notions of fair play and substantial justice”
State “Long arm” statutes
Transaction of business in the state
Commission of a tortious act in the state
Ownership of real property in the state

3. Personal Jurisdiction and the Internet
CompuServe v. Patterson (1996)
Jurisdiction proper – “purposeful availment”
Bensusan Restaurant v. King (1997)
No jurisdiction – tortious act requires physical presence
Zippo Manuf. V. Zippo Dot Com (1997)
Adopted “sliding scale” test with three points
Clearly does business over Internet, e.g., CompuServe
“Passive” Web sites, e.g., Bensusan
Middle ground – must determine level of activity
Today – eBay cases
“single sale” doctrine

4. The Blue Note

5. Motion for Summary Judgment
Can be made by either party
Made during discovery, i.e., after pleadings and before trial
Will be granted if “there is no genuine issue as to any material fact and … the moving party is entitled to judgment as a matter of law”
“Legal TKO”