1. Car rental agency=dft
a. Stephen Pigozzi rents car in KY; AL car; wheel falls off in KY (explore different elements of conversation at time of rental); Sue in AL:
b. Website; made reservations through website
c. Dft advertises rental boats in FL; 60% of customers come from Mobile AL
d. Dft advertises rental boats in Mobile AL; facilties in Mobile
e. Home office in AL; incorp in DE
f. Incorp in AL
g. Rented car from 21 year old individual at CVG airport; he's a domiciliary of AL but hasn't been there for 20 years; considers it "home;" dft is a corporation, incorporated in DE, with home office in IL
2. same dft; it's not a wheel falling off car; a boat, rented
through website, sinks in Pascagoula, MS
3. Everything is virtual; solicit orders on Web, receive orders
and CC# through Web, send emails to suppliers tofulfill; suppliers ship directly
a. home office is in AL
b. Web server in VA; sue in VA?
c. CC processor in OH
h. sue everywhere customer is?
4. Make contract in KY at CVG
Dft is domiciliary of NY but lives in France
Sue in France?
Sue in NY?
K to be performed in KY
5. Dannielle Moore has started a small business, "CaseSpeak, LLC," that is doing awesomely in supplying scanning devices that take law school casebooks and automatically scan all the cases into separate files, run the text files through an OCR routine to generate Word documents, and then trigger Windows' text to speech function to generate audio files for each case that will play on iPods, iPhones, or similar devices. CaseSpeak's success is about to be translated into an IPO through Goldman Sachs. As the "LLC" indicates, CaseSpeak is a separate legal entity.
CaseSpeak has one wholly owned French subsidiary, CasDire, SA (the SA indicates that it is a corporate entity, legally separate from its owners), which makes coffee cups for law students with the CaseSpeak logo on them. CasDire discovers that Tee Festival, an investment advisor based in Hays, Montana is telling people not to invest in CaseSpeak because its owner is a "crook," because its product won't work, and because it will make law students too lazy to represent clients effectively. Wanting CaseSpeak's IPO to be successful so that CaseSpeak will have more money to invest in CasDire, and believing that the Tee Festival's conduct is the worst example of aggressive American macho cowboyism, CasDire launches a denial of service attack on the Montana server, shutting it down. Everyone agrees that the denial of service attack violates the federal Computer Fraud and Abuse Act ("CFAA"), which authorizes civil actions for actual damages.
a. Montana's entire population of 50 law students loves the CaseSpeak product and has bought it through amazon.com, which shipped the devices into Montana. Tee Festival sues CaseSpeak for violating the CFAA in the District Court for the 17th Judicial District of Montana, located in Chinook, MT, in Blaine County, within the 17th Judicial District. As best as counsel for CaseSpeak can determine, there are no roads, railroad lines, or airports in Blaine County.
b. CaseSpeak distributes the CasDire coffee cups to all law students in MT. Does this make any difference?