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Keywords

lawsuittortdefendantjurisdictiondamagesappealtrustantitrustdeclaratory judgment
lawsuittortdefendantjurisdictionappealtrustantitrust

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Tamburo v. Dworkin, 601 F.3d 693, 2010-1 Trade Cases P 76,963

Facts

John Tamburo, an Illinois resident, developed a dog-pedigree software program by incorporating data from the websites of several defendants, who accused him of theft and urged a boycott of his products. The defendants included a Canadian website owner and three Americans from Colorado, Michigan, and Ohio, none of whom had significant contacts with Illinois. They retaliated against Tamburo through emails and website postings, claiming he had stolen their data. Tamburo filed suit seeking a declaratory judgment and damages for antitrust violations and tort claims under Illinois law.

John Tamburo, an Illinois resident, developed a dog-pedigree software program by incorporating data from the websites of several defendants, who accused him of theft and urged a boycott of his products.

Issue

Did the district court err in dismissing the case for lack of personal jurisdiction over the defendants?

Did the district court err in dismissing the case for lack of personal jurisdiction over the defendants?

Rule

Personal jurisdiction requires that a defendant has sufficient minimum contacts with the forum state such that maintaining the lawsuit does not offend traditional notions of fair play and substantial justice.

Personal jurisdiction requires that a defendant has sufficient minimum contacts with the forum state such that maintaining the lawsuit does not offend traditional notions of fair play and substantial justice.

Analysis

The court applied the 'purposeful direction' test from Calder v. Jones, determining that the individual defendants had intentionally directed their tortious conduct at Tamburo in Illinois. The defendants' actions, including defamatory statements and calls for a boycott, were aimed at Tamburo, who lived and operated his business in Illinois. This established a prima facie case for specific personal jurisdiction, while the Australian defendant's contacts were deemed insufficient.

The court applied the 'purposeful direction' test from Calder v. Jones, determining that the individual defendants had intentionally directed their tortious conduct at Tamburo in Illinois.

Conclusion

The Court of Appeals affirmed the dismissal of the antitrust claims but reversed the dismissal regarding personal jurisdiction for the tort claims against the individual defendants, allowing those claims to proceed.

The Court of Appeals affirmed the dismissal of the antitrust claims but reversed the dismissal regarding personal jurisdiction for the tort claims against the individual defendants, allowing those claims to proceed.

Who won?

The prevailing party was John Tamburo in part, as the appellate court allowed his tort claims to proceed against the individual defendants based on specific personal jurisdiction.

The prevailing party was John Tamburo in part, as the appellate court allowed his tort claims to proceed against the individual defendants based on specific personal jurisdiction.

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