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South Dakota Supreme Court Rules on Whether the Use of eBay Submits a Seller to the Buyers Jurisdiction
In Marschke v. Wratislaw, the Supreme Court of the State of South Dakota (“Supreme Court”) affirmed a circuit court’s decision to dismiss, for lack of personal jurisdiction, a summons and complaint commenced by the plaintiff over the sale of a car.
The In Marschke v. Wratislaw, the Supreme Court of the State of South Dakota (“Supreme Court”) affirmed a circuit court’s decision to dismiss, for lack of personal jurisdiction, a summons and complaint commenced by the plaintiff over the sale of a car.
The defendant, a Montana resident, listed a car for sale on eBay, including in the listing, a toll-free telephone number and a link to his business website. The plaintiff, a South Dakota resident, telephoned the defendant on the toll-free number and agreed to purchase the car directly, and without placing a bid on eBay. On delivery of the car in South Dakota, the plaintiff alleged the car was not in the condition that he expected and filed a summons and complaint in South Dakota.
Considering whether it had jurisdiction, the Supreme Court held that the posting on eBay did not constitute a basis for asserting personal jurisdiction. The Supreme Court also held that the sale of the car and the total of the plaintiff’s actions in South Dakota could be characterized as a “one shot deal” not sufficient to found jurisdiction.
For a copy of the decision, visit:
http://www.sdjudicial.com/opinions/downloads/y2007/24218.pdf