purposefully directed toward the forum state. [(
1996)] 937 F.Supp. 295, 301 citing the plurality opinion in
(1992) 480 U.S.
102, 112, [107 S.Ct. 1026, 1032, 94 L.Ed.2d
(9th Cir. 1997)
130 F.3d 414, 418.)
Direct Access, Inc.
majority of a three-judge intermediate state appeals court refused to
over a consumer of an on-line airline ticketing service.
suit on a
contract dispute in a Florida court by a Delaware corporation against its
[Citation.] The defendant had leased computer equipment which it
to access an
airline ticketing computer located in Florida. [Citation.] The contract
negotiated, executed and serviced in New York. [Citation.] The
with Florida consisted of logging onto the computer located in Florida
payments for the leased equipment to Florida. . . . [
jurisdiction over a consumer of on-line services as opposed to a seller.
a consumer logs
onto a server in a foreign jurisdiction he is engaging in a
of contact than an entity that is using the Internet to sell or market
or services to
residents of foreign jurisdictions. The
concern over the implications of subjecting users of `on-line' services
out-of-state networks to suit in foreign jurisdictions." (
Com, Inc., supra
, 952 F.Supp.
at p. 1125.)
The court in
concerns as follows: "Across the nation, in
customers of `on-line' computer information networks have
with out-of-state supplier companies, putting such customers in a
similar, if not
identical, to the defendant in the instant case. Lawyers,
physicians, courts, universities, and business people throughout the
various types of computer-assisted research over telephone lines linked
databases located in other states. Based on the trial court's decision below,
`on-line- services could be haled into court in the state in which supplier's