Quoted:
so whats the question? :)
Basically, I need to decide whether or not a Wisconsin business owner can sue a South Carolina business owner in WI court. The WI business found a piece of equipment for sale through a Google search. The WI business contacted the seller (the SC business) over the phone to gather info on the equipment. The WI business owner said they would be contacting the seller by email within a day. The WI business later sent an email offering a certain dollar amount for the equipment. The SC business replied to the email, accepting the offer. The equipment arrives in WI, and the SC business is paid in full. One month later, the equipment breaks down, and the WI business wants to sue the SC business- in WI court- for fraudulently representing the equipment sold during the initial phone conversation.
All I need to do is decide if WI court has personal jurisdiction over the SC business (using
this for precedent), and write 2-4 pages explaining why I decided what I did. While technically the WI court has personal jurisdiction over the SC business because they promised to deliver goods to the defendant in the state of WI, they did not initiate contact with the WI business, and the contacts were "attenuated", as they say. So I need to figure out if the case meets the due process requirements that go along with personal jurisdiction.
The professor told the class he's not grading on a "right" or "wrong" answer (he's not a lawyer or a judge, so he isn't even 100% of the answer to some of his hypothetical questions), so I just need to back up my answer by citing the court decision linked to above. I just can't decide which side I want to take (this is complicated by the fact that I lean towards agreeing with the dissenting opinion in the above WI Appeals Court case...
).