While living in Illinois, Vanessa Noboa used the Orbitz website to book and pay for a stay at the Barceló Los Cabos Palace Deluxe in Mexico. After arriving at the hotel, Noboa signed up in its lobby for an ecotour operated by Rancho Carisuva away from the hotel’s premises. During that tour, the all-terrain vehicle that No-boa was riding overturned, and she died from her injuries. This suit, under the international diversity jurisdiction of 28 U.S.C. § 1332(a)(2), seeks damages from Rancho Carisuva plus Barceló Corporación Empresarial, a Spanish corporation. The complaint alleges that Barceló owned and operated the hotel; Barceló denies this and maintains that it has no ownership interest, direct or indirect, in the Barceló Los Cabos Palace Deluxe (now known as Hyatt Ziva Los Cabos). The district court did not decide whether Barceló Corpora-ción Empresarial has any connection to the hotel Noboa booked — or whether either defendant is culpable in her death — because it concluded that neither defendant is subject to personal jurisdiction in Illinois.
Neither defendant conducts business in Illinois, and the executors of No-boa’s estate (the plaintiffs in this suit) concede that neither defendant is subject to the state’s general jurisdiction. (In diversity suits, state law provides the basis of personal jurisdiction, and Illinois exercises jurisdiction to the limit set by the Due Process Clauses of the Constitution. See 735 ILCS 5/2-209(c).) So, plaintiffs rely on specific jurisdiction. See Goodyear Dunlop Tires Operations, S.A. v. Brown,
Walden v. Fiore, — U.S.-,
Plaintiffs contend that OBB Personen-verkehr is distinguishable because that railroad is a state-owned business, which brings the Foreign Sovereign Immunities Act to the fore. Suits against businesses owned by foreign nations are proper only if the enterprise has engaged in commercial activity in the United States. 28 U.S.C. § 1605(a)(2). The Court held that OBB Personenverkehr had not carried on commercial activity in the United States. The exercise of personal jurisdiction under the specific-jurisdiction approach does not necessarily turn on the existence of commercial activity in the United States. But the reason the Court gave for holding that OBB Personenverkehr had not engaged in “commercial activity” in the United States is that it had not engaged in any activity in the United States. A travel agent’s sale of the Eurail Pass was activity by the travel agent, not by the foreign railroad. Just so with plaintiffs’ suit: The activity on which personal jurisdiction is said to rest is activity by Noboa and Orbitz, not by Barceló — and not even allegedly by Ran-cho Carisuva, which Noboa had never heard of until she was in Mexico. Combine the rationale of OBB Personenver-kehr with the legal standard of Walden, and the argument for personal jurisdiction in Illinois evaporates.
This makes it unnecessary for us to consider Bareeló’s contention that it is at most a parent of a Mexican hotel operator. Cf. Daimler AG v. Bauman, — U.S. -,
Affirmed
