Rufo v. Brauer, III
3:25-cv-00793
S.D. Ill.Jul 14, 2025Background
- Plaintiff Kevin Rufo, an Illinois resident, sued Defendant Walter Brauer III for breach of contract for failing to pay $207,000 per an agreement related to the sale of Brauer's company, Freight Solutions.
- Rufo signed an employment and noncompete agreement with eShipping, LLC following the sale, as urged by Brauer.
- As part of a separate agreement, Brauer promised to pay Rufo if Rufo executed the employment agreements and complied with certain conditions.
- Rufo's employment with eShipping (a Missouri company) was ultimately not renewed; Rufo alleges all conditions of the agreement were met and payment demanded, but Brauer did not pay.
- Brauer, a resident of Florida (and former Missouri resident), moved to dismiss the lawsuit for lack of personal jurisdiction in Illinois federal court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction over Brauer in Illinois | Brauer purposefully availed himself to Illinois by entering contract with Illinois resident | Lacks minimum contacts with Illinois; contract and performance were centered in Missouri | Dismissed for lack of personal jurisdiction |
Key Cases Cited
- Ford Motor Co. v. Montana Eighth Judicial Dist. Court, 592 U.S. 351 (2021) (Explains general and specific personal jurisdiction)
- Daimler AG v. Bauman, 134 S. Ct. 746 (2014) (Discusses due process and minimum contacts for personal jurisdiction)
- Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846 (2011) (Articulates traditional notions of fair play in jurisdiction)
- Tamburo v. Dworkin, 601 F.3d 693 (7th Cir. 2010) (Purposeful availment in contract jurisdiction cases)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985) (Unilateral acts by plaintiff do not confer jurisdiction)
