Blimka v My Web Wholesalers LLC case Blimka is Suing My Web

Blimka v My Web Wholesalers, LLC case. Blimka is Suing My Web Company due to receiving bad merchandise. Blinka is an Idaho resident who found the My Wed when surfing in the internet, this company is in Maine. He contacted the manger of My Web and decided to make business with them.

1) the Idaho high court held that Idaho courts have jurisdiction over an out state seller who misrepresent goods sold over the Internet. Does this means most of Internet-based sellers are subject to jurisdiction in every state where they have a customer?

2) Why did My Web not move the case from Idaho state court to Federal court?

Solution

1. Yes, if they do active business. The standard is the same as it is for traditional businesses. Once a business “enters” a state to do business, especially when there are actual sales, not just discussions, it subjects itself to its law.

2. The case was probably for less than $75,000, since the money paid was about $21,000. Even allowing for lost profits Blimka may have earned by resale, it would be unlikely to be enough for diversity jurisdiction. In any case, My Web failed to show up to defend itself and lost. So later when it lost on the claim of lack of jurisdiction, it could not ask for another day in court.