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23. Should the court grant the librarian's motion to dismiss?
Shortly after selling the watch, the librarian went to State A on vacation with her family. This was the librarian's first time ever in State A. While visiting State A, the librarian was served with the pilot's complaint and a summons in accordance with State A law. The librarian filed a motion to dismiss for lack of jurisdiction.
A pilot from State A sued a librarian from State B in a federal district court in State A. The librarian sold the pilot an expensive collectible watch through a website that generated a valid sales contract. The pilot's complaint alleged that the librarian breached the contract's terms because the librarian sold the pilot a watch that materially varied from the description the librarian had provided. The pilot is seeking $175,000 in damages.
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A is incorrect. Federal courts do have diversity jurisdiction in cases between citizens of different states and an amount in controversy over $75,000, but state courts may also have jurisdiction in such circumstances. Federal and state courts frequently have concurrent jurisdiction, meaning the lawsuit may be properly filed in either court.
B is incorrect. Although a showing of minimum contacts is one way to establish personal jurisdiction, the U.S. Supreme Court has held that personal jurisdiction may also be established over a non-forum defendant who is personally served with process while physically present in the forum. Here, the librarian was present in State A when she was personally served with process. The length of time she was present when served and the fact that she had never been to State A will not prevent the court from exercising personal jurisdiction.
C is incorrect. The court should not grant the motion, but not because personal jurisdiction only applies in federal courts. Limitations on personal jurisdiction, rooted in Due Process Clause protections, apply to both federal and state courts. Each state is free to enact its own statutory bases for personal jurisdiction; however, the exercise of jurisdiction must always satisfy minimum constitutional requirements.