2013 Ohio 5272
Ohio Ct. App.2013Background
- Booth, a Butler County, Ohio resident, viewed WWC water ionizer videos and purchased WWC products shipped to Ohio.
- Booth offered consulting services to WWC and proposed a services agreement governed by Michigan law; WWC signed and sent an $8,000 check but later rescinded after a contentious conversation.
- Booth filed a breach of contract claim in Butler County Court of Common Pleas; WWC moved to dismiss under Civ.R. 12(B)(2) for lack of personal jurisdiction, supported by an affidavit.
- The trial court granted WWC's motion, concluding it lacked personal jurisdiction; Booth appealed the ruling.
- The appellate court analyzes a Civ.R. 12(B)(2) dismissal de novo, focusing on long-arm statute applicability and due process, with WWC having no Ohio contacts and a Michigan-choice-of-law provision suggesting no expectation of Ohio litigation.
- The court ultimately affirms, holding no substantial connection or minimum contacts with Ohio and no reasonable anticipation of being haled into an Ohio court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ohio can exercise personal jurisdiction over WWC | Booth argues long-arm statute and minimum contacts. | WWC contends no Ohio business, contacts, or foreseeability. | No personal jurisdiction (dismissal affirmed). |
Key Cases Cited
- Kentucky Oaks Mall Co. v. Mitchell's Formal Wear, Inc., 53 Ohio St.3d 73 (1990) (two-step long-arm/due-process analysis for jurisdiction)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985) (minimum contacts and fair play standard)
- International Shoe Co. v. Washington, 326 U.S. 310 (1945) (establishes minimum contacts for jurisdiction)
- Buflod v. Von Wilhendorf, LLC, 2007-Ohio-347 (12th Dist. Warren) (choice of law provision supports lack of anticipation of Ohio litigation)
- Natl. City Commercial Capital Corp. v. All About Limousines Corp., 2009-Ohio-1159 (12th Dist. Butler) (prima facie showing sufficient for Civ.R. 12(B)(2) without a hearing)
- Am. Office Services, Inc. v. Sircal Contracting, Inc., 2003-Ohio-6042 (8th Dist. Cuyahoga) (who initiates business contact matters in jurisdictional analysis)