AASONN, LLC v. Delaney
961 N.E.2d 939
Ill. App. Ct.2011Background
- Aasonn, LLC sued Delaney and Performance Management Strategies, LLC for breach of contract and fraud.
- The trial court dismissed for lack of personal jurisdiction; Aasonn appeals.
- Delaney is a New York resident and president of Delaney Consulting Services; PMS is a New York LLC.
- The Strategic Alliance Agreement linked Illinois-based performance to New York parties and SuccessFactors clients.
- Aasonn conducted substantial activities in Illinois under the Agreement, including invoicing, payments, and project management, with contacts involving Illinois personnel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Illinois has jurisdiction under the long-arm statute and due process. | Aasonn proved minimum contacts and purposeful availment. | Delaney/PMS argue no Illinois contactenough for jurisdiction. | Yes, Illinois jurisdiction is proper. |
| Whether fraud counts were pleaded with sufficient specificity. | Aasonn pleaded detailed misrepresentations via invoices. | Defendants contend lack of specific false statements. | Fraud counts sufficiently pleaded. |
Key Cases Cited
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (Supreme Court 1985) (purposeful availment and fair play standard for specific jurisdiction)
- International Shoe Co. v. Washington, 326 U.S. 310 (Supreme Court 1945) (minimum contacts requirement for jurisdiction)
- MacNeil v. Trambert, 401 Ill. App. 3d 1077 (Ill. App. Ct. 2010) (de novo review of personal jurisdiction on documentary record)
- Pace Communications Services Corp. v. Express Products, Inc., 408 Ill. App. 3d 970 (Ill. App. Ct. 2011) (specific and general jurisdiction standards in Illinois breadth)
- Bolger v. Nautica International, Inc., 369 Ill. App. 3d 947 (Ill. App. Ct. 2007) (choice-of-law provision and contacts as factors in jurisdiction)