56 F.4th 1265
11th Cir.2022Background:
- Plaintiffs (U.S. nationals and heirs) allege beachfront land in Cuba was confiscated after 1959 and hotels (Resorts) were built on the land; they sued under Title III of the Helms‑Burton Act.
- Defendants are Booking and Expedia corporate groups that operate fully interactive travel‑booking websites that listed the Resorts and enabled reservations.
- Complaint alleges defendants targeted Florida users (banner ads, follow‑up emails, SEO), Florida residents booked the Resorts via the sites, and defendants derived direct and indirect revenue from those bookings.
- Defendants moved to dismiss for lack of personal jurisdiction; they did not submit affidavits or evidence contesting the complaint’s jurisdictional allegations (facial challenge).
- The district court dismissed for lack of personal jurisdiction under Florida’s long‑arm statute; the Eleventh Circuit reversed, finding specific jurisdiction under Fla. Stat. § 48.193(1)(a)(2) and that exercising jurisdiction comported with Due Process.
- The Eleventh Circuit also held the plaintiffs plausibly alleged Article III standing (injury, traceability, redressability) for their Title III claims and remanded for further proceedings.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction under Fla. Stat. § 48.193(1)(a)(2) (tortious act in Florida) | Defendants committed tortious acts by using websites to sell Resort bookings to Florida residents, causing injury in Florida | Trafficking occurred in Cuba; website listings are not torts committed in Florida | Held: Allegations (targeting Florida, bookings by Florida residents, revenue) satisfy § 48.193(1)(a)(2) for specific jurisdiction |
| Due Process — relatedness and purposeful availment | Website targeting and sales to Florida residents create contacts related to the claims; defendants purposely availed themselves | Website accessibility alone insufficient; trafficking occurred abroad so suit in Florida is unreasonable | Held: Relatedness satisfied; purposeful availment shown (effects and minimum‑contacts tests); jurisdiction accords with fair play and substantial justice |
| Whether interactive commercial websites constitute sufficient forum contacts | The websites actively solicited Florida users and generated direct/indirect revenue from Florida bookings | Listing property on the Internet does not alone establish jurisdiction | Held: Interactive, targeted solicitation plus Florida bookings (and Florida offices/revenue) suffice to foresee being haled into Florida court |
| Article III standing (injury, traceability, redressability) for Title III claim | Plaintiffs suffered concrete economic injury (unjust enrichment) from defendants’ trafficking; injury traceable to defendants and redressable by damages | Any injury flows solely from Cuban confiscation, not defendants; defendants did not cause the confiscation | Held: Plaintiffs plausibly alleged concrete injury (unjust enrichment), traceability to defendants’ trafficking, and redressability by Title III remedies |
Key Cases Cited
- Louis Vuitton Malletier, S.A. v. Mosseri, 736 F.3d 1339 (11th Cir. 2013) (sales through a website to Florida customers can establish Florida long‑arm jurisdiction)
- Ford Motor Co. v. Montana Eighth Judicial Dist. Court, 141 S. Ct. 1017 (2021) (specific jurisdiction need not rest on direct causation; relatedness inquiry flexible)
- International Shoe Co. v. Washington, 326 U.S. 310 (1945) (Due Process requires sufficient contacts and reasonableness)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985) (fair warning and purposeful availment principles for specific jurisdiction)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (Article III standing: injury‑in‑fact, traceability, redressability)
- Calder v. Jones, 465 U.S. 783 (1984) (effects test: intentional acts aimed at forum and causing foreseeable harm there)
- Internet Solutions Corp. v. Marshall, 39 So.3d 1201 (Fla. 2010) (posting actionable material on an accessible website that is accessed in Florida constitutes a tort in Florida)
- Glen v. American Airlines, Inc., 7 F.4th 331 (5th Cir. 2021) (Title III plaintiff had standing where airline’s website trafficked in properties built on confiscated land)
- Oldfield v. Pueblo De Bahia Lora, S.A., 558 F.3d 1210 (11th Cir. 2009) (standard of review for personal jurisdiction determinations)