Canon v. Towns
99 So. 3d 1129
| La. | 2012Background
- Canon, a Louisiana resident, bought a shrimp boat from Millis, NC sellers, after negotiating by phone and email following an online listing.
- The sale occurred primarily in North Carolina; Canon traveled there to execute the bill of sale and take possession.
- The boat later caught fire in Florida during delivery and was destroyed; Canon sued multiple parties in Calcasieu Parish, Louisiana.
- Millis and Millis argued lack of personal jurisdiction, with the trial court granting the exception and dismissing them from Canon’s suit.
- Louisiana’s long-arm statute and due process standards were invoked to determine if jurisdiction over the NC sellers was permissible; the court found no sufficient minimum contacts with Louisiana.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in granting lack of personal jurisdiction over NC sellers | Canon | Millis | No jurisdiction; JP lacking. |
Key Cases Cited
- International Shoe Co. v. Washington, 326 U.S. 310 (Supreme Court 1945) (established minimum contacts standard for specific jurisdiction)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S. 1985) (minimum contacts and reasonableness dictates for in-state jurisdiction)
- de Reyes v. Marine Mgmt. and Consulting, Ltd., 586 So.2d 103 (La. 1991) (two-step test: min contacts then presumption of reasonableness; burden shifts)
- Charia v. Cigarette Racing Team, Inc., 583 F.2d 184 (5th Cir.1978) (insufficient contacts where sale occurred with delivery via common carrier; limited ties to forum)
- Williams v. Frank Parra Auto Plex, Inc., 929 So.2d 755 (La.App. 3 Cir. 2006) (internet listing not enough to establish minimum contacts with Louisiana)
- J. Wilton Jones Co., Inc. v. Touche Ross and Co., 556 So.2d 67 (La.App. 4 Cir.1989) (few Louisiana sales and lack of presence in Louisiana; insufficient jurisdiction)