DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
183236P.pdf 01/07/2020 Justin Whaley v. Jimmy Esebag
U.S. Court of Appeals Case No: 18-3236
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Erickson, Author, with Colloton and Stras, Circuit Judges]
Civil Case - Jurisdiction. On appeal from dismissal for lack of personal
jurisdiction, to assess minimum contacts, we look to the nature and
quality of contacts with the forum state, the quality of contacts, the
relation of the cause of action to the contacts, the interest of forum
state, and the convenience of the parties. During negotiations between
Arkansas residents and Esebag, a California resident, meetings were
conducted in California and Arkansas; calls, emails and texts were sent to
Arkansas; products were shipped to Arkansas; and the prospect of doing
business in Arkansas, weighs in favor of finding the nature and quality of
contacts to be in Arkansas; the relationship between the allegations of
fraud (an intentional tort claim) and Esberg's contacts with Arkansas
weighs in favor of finding personal jurisdiction in Arkansas. Other
factors appear more neutral. District court's dismissal is reversed, as
Esebag's actions are sufficient to bind ULG and assert personal
jurisdiction without violating the traditional notions of fair play and
substantial justice.