849 N.W.2d 107
Neb.2014Background
- RFD-TV, LLC sues WOW! Cable and Knology for breach of a Nebraska-governed affiliation agreement (Sunflower Agreement) with Sunflower Broadband Corp.
- Sunflower granted Sunflower a nonexclusive license to distribute RFD programming to Sunflower’s Kansas subscribers; term runs through 2014; arbitration in Omaha; Sunflower Agreement designated Nebraska law.
- Knology acquired Sunflower assets in 2010 and later, with WOW acquiring Knology in 2012; neither Knology nor WOW had Nebraska subscribers or a Nebraska physical presence.
- Knology/WOW stopped distributing RFD programming as of December 1, 2012 and ceased paying fees; RFD filed suit December 28, 2012 in Douglas County, Nebraska.
- District court held a hearing using only affidavits; dismissed the case for lack of personal jurisdiction with prejudice.
- RFD appeals, arguing (1) prima facie jurisdiction exists via arbitration clause and/or minimum contacts; court affirms as modified to dismissal without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court had personal jurisdiction over WOW and Knology | RFD argues arbitration clause subjects entities to Nebraska courts and minimum contacts exist | WOW/Knology contend no voluntary consent and insufficient minimum contacts | No personal jurisdiction; dismissal affirmed as modified to without prejudice |
Key Cases Cited
- Abdouch v. Lopez, 285 Neb. 718 (2013) (requires specific acts to establish minimum contacts)
- VKGS v. Planet Bingo, 285 Neb. 599 (2013) (minimum contacts assessed; long-arm scope limited by due process)
- S.L. v. Steven L., 274 Neb. 646 (2007) (due process/long-arm analysis in Nebraska)
- Kugler Co. v. Growth Products Ltd., 265 Neb. 505 (2003) (contract with forum state not sufficient alone for jurisdiction)
- Clevinger, 268 Neb. 388 (2004) (examines contacts and related negotiations)
- McKinney, 269 Neb. 564 (2005) (standard for prima facie showing on motion to dismiss)