Alan Cummings v. Marriott International, Inc.

Summary

The United States District Court for the Northern District of Illinois granted Marriott International, Inc.’s motion to dismiss for lack of personal jurisdiction. The court held that the plaintiff failed to show Marriott purposefully availed itself of Illinois through its website, Bonvoy rewards program, communications, branding, or post-injury conduct, and dismissed the premises-liability complaint without prejudice.

Holdings

1. Specific personal jurisdiction was lacking because Cummings did not establish that Marriott purposefully availed itself of Illinois as a forum.
2. The court declined to address Marriott's Rule 12(b)(6) motion because the action was being dismissed for lack of personal jurisdiction.

Questions Presented

1. Whether Marriott was subject to specific personal jurisdiction in Illinois based on its website, Marriott Bonvoy rewards program, branding and alleged control of the Thai resort, correspondence with Cummings, and post-injury handling of the incident.
2. Whether the court should reach Marriott's alternative Rule 12(b)(6) motion after dismissing for lack of personal jurisdiction.

Disposition

dismissed