Abdouch v. Lope

829 N.W.2d 662 (2013)

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Nature of the Case

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Facts

P is a resident of Omaha, Nebraska. In 1960, P was the executive secretary of the Nebraska presidential campaign of John F. Kennedy. In 1963, P received a copy of the book, which was inscribed to her by the late author Richard Yates. The inscription stated: 'For Helen Abdouch - with admiration and best wishes. Dick Yates. 8/19/1963.' P's inscribed copy of the book was stolen. D and his company, KLB, bought the book in 2009 from a seller in Georgia and sold it that same year to a customer, not in Nebraska. In 2011, P learned from a friend that D had used the inscription in the book for advertising purposes on his Web site, http://www.lopezbooks.com. The commercial advertisement had been used with the word 'SOLD' on the Web site for more than 3 years after the book was sold. D is the owner and sole proprietor of KLB, which is a rare book business based in Hadley, Massachusetts. KLB buys and sells rare books and manuscripts. KLB sells these books and manuscripts through published catalogs and through the Web site. D and KLB have never exhibited at or attended a book fair in Nebraska. KLB has an active mailing list for its catalogs of approximately 1,000 individuals and entities. Two are located in Nebraska. The two individuals solicited contact with KLB and requested to be placed on the mailing list. Neither of these two individuals has any connection to the claims at issue in this lawsuit. D nor KLB is registered to do business in Nebraska in any capacity; does not own or lease real estate in Nebraska, does not maintain an office in Nebraska, and have never conducted or attended meetings in Nebraska. Neither has paid any Nebraska sales tax. D and KLB do not advertise in any publication that is published in or that otherwise originates from Nebraska. D and KLB do not advertise in any publication that specifically targets potential customers in Nebraska. Beyond the two customers on the mailing list, D and KLB do not target or reach out to customers or potential customers in Nebraska in any way. Of approximately $3.9 million in business, KLB sold three books to a single Nebraska customer, earning a total of $76. In 2010, KLB sold three books to two Nebraska customers for $239.87. In 2011, two books were sold to a Nebraska customer for $299. All of these sales were initiated by the customers through the Web site. D did not know that P was a resident of Nebraska until in or around June 2011. P brought suit against D and KLB for violating her right of privacy. The district court granted Ds motion and dismissed the case as Ds do not have sufficient contacts with Nebraska for purposes of personal jurisdiction and have not purposefully availed themselves of the benefits and protections of the forum state. P appealed.