Unbeatablesale.com, Inc. v. Fascinations, Inc.

Summary

The District of New Jersey grants Fascinations, Inc.’s motion to dismiss Unbeatablesale.com, Inc.’s claims for tortious interference and defamation for lack of personal jurisdiction. The court concludes that Fascinations was not subject to general or specific jurisdiction in New Jersey because its relevant communication to Amazon was sent from Washington to Washington and was not sufficiently connected to New Jersey. The court also denies jurisdictional discovery and dismisses the complaint without prejudice.

Holdings

1. The court lacked general personal jurisdiction over Fascinations because UBS did not show that Fascinations was essentially at home in New Jersey; its website sales and alleged New Jersey customers were insufficient.
2. The court lacked specific personal jurisdiction because UBS's claims did not arise out of or relate to Fascinations's alleged New Jersey contacts.
3. The court lacked specific personal jurisdiction under the Calder effects test because UBS did not show that Fascinations expressly aimed its allegedly tortious conduct at New Jersey or should reasonably have anticipated being sued there based on that conduct.
4. UBS was not entitled to jurisdictional discovery or to depose Fascinations's CEO.

Questions Presented

1. Whether the court could exercise general personal jurisdiction over Fascinations in New Jersey.
2. Whether the court could exercise specific personal jurisdiction over Fascinations under the traditional minimum-contacts test.
3. Whether the court could exercise specific personal jurisdiction under the Calder effects test.
4. Whether UBS was entitled to jurisdictional discovery or a deposition of Fascinations's CEO.
5. Whether the complaint should be dismissed for lack of personal jurisdiction.

Disposition

dismissed