Schmidt, Sethi & Akmajian Blog

Personal Specific Jurisdiction

Posted by Ted A. Schmidt | Jul 26, 2023 | 0 Comments

Herbal Brands, Inc. v. Photoplaza, Inc., No. 21-17001 (9th Cir., July 5, 2023)(J. Graber)


Herbal Brands, an Arizona business sued certain New York residents for the unauthorized sale of its product to Arizona residents, via Amazon in violation of the Latham Act and Arizona State law. The Arizona District Court dismissed the matter for lack of personal jurisdiction. Then Ninth Circuit Court of Appeals reversed and remanded.

Applying the three prong test for personal jurisdiction the ninth circuit found that first, the defendants availed themselves of the benefits and protections of Arizona law by directly marketing to, selling and delivering product to Arizona residents through an interactive website, all within the regular course of the defendants' businesses.

Second, the alleged harm clearly arose out of defendants' contacts with Arizona.

Lastly, exercise of personal jurisdiction is reasonable under these circumstances.

About the Author

Ted A. Schmidt

Ted's early career as a trial attorney began on the other side of the fence, in the offices of a major insurance defense firm. It was there that Ted acquired the experience, the skills and the special insight into defense strategy that have served him so well in the field of personal injury law. Notable among his successful verdicts was the landmark Sparks vs. Republic National Life Insurance Company case, a $4.5 million award to Ted's client. To this day, it is the defining case for insurance bad faith, and yet it is only one of several other multi-million dollar jury judgments won by Ted during his career. He is certified by the State Bar of Arizona as a specialist in "wrongful death and bodily injury litigation".


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