ONLINE SALES AND PERSONAL JURISDICTION UNDER OKLAHOMA STATE LAW

Lively v. Ijam, Inc., OK. Civ. App. 29, 21 (OKLA. Ct. App. 2005) This summary illustrates, through state case law, how Oklahoma Courts interpret the issue of personal jurisdiction over out-state corporations doing business with Oklahoma residents over the Internet or telephonic communications. The plaintiff, an Oklahoma resident, purchased a laptop computer from the defendant, a Georgia corporation, over the phone and after having seen an advertisement on the selling Georgia Corporation’s website. The laptop was actually invoiced and delivered by a third party company also located in Georgia. When the computer malfunctioned, the Oklahoma resident sent the computer back to the selling corporation for repair but got no response or the return item. The Oklahoma resident filed a compliant in an Oklahoma small claims court against both the selling and invoicing/delivering Georgia Corporations and he won a default judgment in this court. The Georgia Corporations appealed. The Oklahoma Court of Appeals, however, held that it was erroneous to find jurisdiction in Oklahoma over these Georgia Corporations.

The following questions have been addressed in this article:

What is the factual and procedural background of the case?
What is the issue at bar in this case?
What did the court hold in this case?
What is the significance of this case?

Continue...

Facebook Twitter RSS