There is no limitation on the Business Court’s jurisdiction when it comes to cases involving the Internet and e-commerce. "The legislature specifically included cases relating to those subjects without any limitation on the nature of the legal issues involved. . . .It did so in order to provide a court with expertise in these areas
Internet And E-Commerce
Burgess v. Vitola, 2008 NCBC 4 (N.C. Super. Ct. Feb. 26, 2008)(Diaz)
By Mack Sperling on
Posted in Internet And E-Commerce, Jurisdiction
The Court found that it lacked personal jurisdiction over out-of-state doctors and dentists who had allegedly sent internet advertising to plaintiff, a North Carolina resident. The Court rejected plaintiff’s argument that there was jurisdiction under N.C.G.S. §1-75.4(4)(a), which allows for the assertion of jurisdiction when “solicitation or services activities were carried on within this State…
Burgess v. American Express Company, Inc., 2007 NCBC 15 (N.C. Super. Ct. May 21, 2007)(Diaz)
By Mack Sperling on
Posted in Internet And E-Commerce
Plaintiff sued a large number of defendants, arguing that they had caused advertising messages (in the form of pop-up ads) to be sent to him over his computer. The Court held, construing the allegations in the light most favorable to the plaintiff, that he had stated a claim for trespass to chattels under North Carolina…