My Vacation Europe, Inc. v. Connie Sigel
05-14-00435-CV
Tex. App.Jan 28, 2015Background
- Sigel, a Texas resident, booked and paid online through My Vacation Europe, Inc. (MVE) for a seven-night Paris rental after exchanging emails and using MVE’s website/reservation page.
- While Sigel was in the Margaux apartment in Paris, someone used a key to enter and stole most of her possessions from the apartment and safe.
- Sigel submitted a French police report to MVE and sought reimbursement; MVE denied responsibility and identified a French corporation (Westates SCI) as the apartment owner.
- Sigel sued MVE and Westates in Texas county court for multiple tort and contract claims and pleaded theories including joint enterprise and alter ego.
- MVE filed a special appearance claiming lack of personal jurisdiction and moved to dismiss based on a forum-selection clause; the trial court denied MVE’s special appearance.
- The Court of Appeals reversed, holding Texas courts lacked both specific and general jurisdiction over MVE and rendered judgment dismissing claims against MVE for want of personal jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Texas courts have specific jurisdiction over MVE | Sigel: MVE purposefully availed itself by receiving rental revenue from a Texas resident, making representations via its website, and entering a contract with Sigel in Dallas | MVE: Sale/contract with a Texas resident and website contacts are insufficient; MVE did not target Texas or perform contract in Texas | No specific jurisdiction — contacts too attenuated; operative events (theft in Paris) not related to Texas contacts |
| Whether Texas courts have general jurisdiction over MVE | Sigel: MVE conducts business in Texas via a "highly interactive" website and repeated online contacts, marketing to Texas residents | MVE: No continuous/systematic contacts — no offices, employees, bank accounts, property, targeted marketing, or substantial Texas operations | No general jurisdiction — website/interactions insufficient and contacts not continuous and systematic |
Key Cases Cited
- Int’l Shoe Co. v. Washington, 326 U.S. 310 (established minimum-contacts/due-process framework for personal jurisdiction)
- Hanson v. Denckla, 357 U.S. 235 (purposeful availment principle)
- Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408 (specific vs. general jurisdiction analysis)
- Guardian Royal Exch. Assurance, Ltd. v. English China Clays, P.L.C., 815 S.W.2d 223 (Tex. 1991) (Texas long-arm construed to reach constitutional limits)
- BMC Software Belgium, N.V. v. Marchand, 83 S.W.3d 789 (Tex. 2002) (general jurisdiction and continuous/systematic contacts standard)
- Michiana Easy Livin’ Country, Inc. v. Holten, 168 S.W.3d 777 (Tex. 2005) (single sale to Texas resident does not generally confer jurisdiction)
- Moki Mac River Expeditions v. Drugg, 221 S.W.3d 569 (Tex. 2007) (marketing contacts may suffice but operative facts must relate to forum contacts)
- Am. Type Culture Collection, Inc. v. Coleman, 83 S.W.3d 801 (Tex. 2002) (special appearance reviewed de novo; trial court fact findings assumed in favor of judgment)
