ILNews

eBay suit presents issue of first impression

Back to TopCommentsE-mailPrintBookmark and Share

In an issue of first impression in Indiana - and possibly in the United States - the Indiana Court of Appeals addressed specific jurisdiction questions in a suit filed by sellers on the online auction site, eBay.

In Richard and Marlene Attaway v. Llexcyiss Omega and D. Dale York, No. 11A01-0712-CV-608, the Attaways brought an interlocutory appeal of the trial court's denial of their motion to dismiss a suit filed by Llexcyiss Omega and Dale York. They claimed the trial court erred in denying the motion to dismiss for lack of personal jurisdiction, that Clay County wasn't a proper venue, and eBay and PayPal user agreements prohibited the parties from litigating the dispute.

The Attaways, who live in Idaho, purchased a Porsche on eBay using PayPal from Llexcyiss Omega and York, who are in Indiana. The Attaways arranged for a transportation company to deliver the car to Iowa. Once they received it, they filed a claim with PayPal for a refund because they said the car wasn't as described on eBay. PayPal denied the refund, but the Attaways managed to have their credit card company remove the charges and rescind payment.

Llexcyiss Omega and York filed suit in small claims court in Clay County, demanding $5,900 in damages.

The Court of Appeals determined the Attaways weren't subject to general jurisdiction in Indiana and had to decide whether they were subject to specific jurisdiction. This brings up the issue of first impression because the appellate court couldn't find any cases in which an eBay seller had sued a buyer for rescission of payment after the buyer picked up the item in the seller's state.

The Court of Appeals looked to similar cases involving buyers filing suits in U.S. District Courts in Michigan, California, and New Jersey, and a case out of New York state courts to rule the Attaways' actions surrounding the purchase tip the scale in favor of personal jurisdiction.

The Indiana sellers filed suit against the Attaways after they took delivery of the car and rescinded payment. The Attaways were able to see the car was in Indiana before buying it and agreed to pick up the vehicle. During the course of the transaction, there was more than just a single online purchase to satisfy the personal jurisdiction requirements of the federal due process clause, wrote Judge Terry Crone. The appellate court affirmed the dismissal of the Attaways' motion to dismiss.

"In weighing the interests of the states, it is certainly within the bounds of fair play and substantial justice to allow Indiana to exercise personal jurisdiction over individuals who have entered into a contract with an Indiana resident for the purchase of property located in Indiana, have removed that property from the state of Indiana, and then rescinded payment," he wrote.

The Court of Appeals also affirmed Clay County was a proper venue and that there was no language in the PayPal user agreement and eBay dispute resolution procedures posted online to suggest the online dispute resolution process is a buyer or seller's sole recourse in the event of a dispute.

ADVERTISEMENT

  • follow up to Attaway vs Omega article
    Just a quick follow up to this article which I just recently stumbled upon. I reside in Idaho, not Iowa (which may or may not make any difference as to access to visibility to car prior to purchase, apparently did not).My husband Richard was not part of the lawsuit. It was all on me so his name should be taken off of all documentation entirely. Also, whereabouts of the vehicle after returning to Indiana is undetermined as well as my attorney did a "no show" at a final hearing leaving me with a FTA warrant against me. A Complaint is to be filed with the Indiana State Bar and possibly legal recourse for malpractice. The last time we spoke, his license was suspended and I've not been able to make further contact with him.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

ADVERTISEMENT