The Court of Appeals for the Seventh Circuit held that an internet provider of a product (cigarettes) may be subject to a state court’s jurisdiction under that states long-arm statute. In Illinois v. Hemi Group, LLC, 622 F3d. 754 (7th. Cir. 2010) the district court denied defendants motion to dismiss for lack of personal jurisdiction finding that the internet transactions sufficed to establish personal jurisdiction over the defendant in Illinois.
The sole question on appeal was whether the district court in Illinois may properly exercise personal jurisdiction over the defendant.
In affirming the lower court, the district court said: “We find that Hemi’s contacts with Illinois were sufficient to satisfy due process. Hemi maintained commercial websites through which customers could purchase cigarettes, calculate their shipping charges using their zip codes, and create accounts. Hemi stated that it would ship to any state in the country except New York…Hemi stood ready and willing to do business with Illinois residents (citation omitted) and Hemi, in fact knowingly did business with Illinois residents. In light of this Hemi’s argument that it did not purposely avail itself of doing business in Illinois rings particularly hollow. (pp 757 – 58)”