Recent Case Law

Maintenance of Passive Website not basis for Florida Jurisdiction

By Patrick Russell, Esq.

Feb 14, 2007 - 1:17:56 PM

Rexam Airspray Inc. v. Arminak, 2007 WL 283438 (S.D. Fla.)

A web site is not well suited to serve as the basis for general jurisdiction over a foreign defendant.  In order to confer jursidiction over a nonresident defendant, that defendant's contacts with the State of Florida must be continuous and substantial.  Due to the nature of a web site, while it is possible that the web site have continuous contacts it is equally possible that those contacts are not substantial.  As in this case, a passive web site only makes information available to those interested in viewing it.  On the other hand, an active web site allows users to enter into contracts over the internet.  Since this web site did not allow its users to contract with the defendant, Southern District Court held that the web site is passive and is thus insufficient to confer jurisdiction over the nonresident defendant.