Litigation

eBay seller can't be sued in buyer's home state, Ninth Circuit holds

By Lori Bauman

A non-resident seller of a single item in an eBay auction can't be sued for breach of contract in the buyer's home state, according to a case decided this week by the Ninth Circuit Court of Appeals.  In Boschetto v. Hansing, plaintiff, a resident of California, purchased a vintage Ford Galaxie from defendant, a resident of Wisconsin, through the eBay internet auction site.  Plaintiff arranged for the car to be shipped to California, and found on inspection that it didn't fit the advertised description.  He sued in California for breach of contract and fraud.

Defendant moved to dismiss for lack of personal jurisdiction in California.  The district court held, and the Ninth Circuit agreed, that a single sale through eBay does not establish the "minimum contacts" with California necessary for personal jurisdiction there.  The fact that eBay, as a conduit for the sale, could be viewed by anyone in the state does not alter the analysis.

The court acknowledged that the result might be different if defendant seller had used eBay as its primary marketing method and made regular sales there.

See our earlier reports on the link between the internet and personal jurisdiction here and here.

Full post as published by Northwest Business Litigation Blog on August 22, 2008 (boomark / email).