liibulletin-ny

Special project: Internet Law   Jurisdiction and the Internet      • Introduction      • Issues & short answers      • Previous state of the law      • Discussion      • Future of the law      • Authorities Cited

Jurisdiction and the Internet IV. Future of the Law Where sufficiency of Internet contacts is the issue, courts are likely to continue deciding personal jurisdiction along traditional jurisdictional lines. In New York, state courts have explicitly decided Internet contacts cases along traditional lines. On the federal level, the minimum contacts analysis, augmented by the sliding-scale approach set forth in Zippo Mfg. seems well suited to analyzing Internet activity. Several circuits have explicitly adopted and utilized the sliding-scale test. Courts are also likely to continue using the effects test in limited situations involving intentional torts. However, until the Second Circuit and - more importantly - the Supreme Court explicitly address the issue, the state of the law in New York will remain, at least partially, unsettled.

Prepared by Keith Palumbo ('03).