January 27, 2010
Crummy v. Morgan
Daniel Crummy (“Crummy”), a resident of Louisiana, purchased an RV from defendants Linda Morgan, J.R. Fulton, (“Morgan”) a resident of Texas. Crummy found the RV on eBay and made an $800 deposit on the vehicle by phone while he was in Louisiana. Crummy paid Morgan the remaining $3,025 upon picking up the vehicle in Texas. Within 50 miles of the trip back to Louisiana, the RV quit running other problems surfaced including problems with the generator and air-conditioner. Morgan refunded $3,025 to Crummy but retained the $800 deposit and charged Crummy $500 for Morgan’s “trouble”. Crummy filed for damages in Louisiana alleging that the Louisiana long arm statute granted the Louisiana district court jurisdiction. Morgan responded by filing a declinatory exception raising the objection of lack of jurisdiction. The trial court overruled Morgan’s exception of lack of personal jurisdiction reasoning that Morgan originally entered and made minimum contact in Louisiana through the computer, and that “When they entered Louisiana and they tried to sell a vehicle…to an individual in Louisiana, they have entered our jurisdiction”. Morgan applied for supervisory writs.
Whether the Louisiana long arm statute grants the Louisiana district court personal jurisdiction over non-residents conducting business with Louisiana residents via eBay?
Louisiana long arm statute: “provides for the exercise of personal jurisdiction over a nonresident defendant…(1) Transacting any business in this state”
Int’l Shoe Co. v. State of Washington: Due Process Test
Quality Design v. Tuff Zippo Mfg. Co. v. Zippo Dot Com, Inc.: Zippo Sliding Scale
To trigger the Louisiana long arm statute the exercise of jurisdiction must comport with constitutional due process. The due process test conducted in Int’l Shoe Co. v. State of Washington requires that certain minimum contacts between the defendant and...