Business travelers and vacationers typically send work-related emails while on the road. It also is not unusual to share files (or access to files) while traveling. But can that lead to jurisdiction over you in a wayward state?
According to Swanky Apps LLC v. Daren Horning and Roony Invest & Finance, S.A., the answer is “no.”
A dispute arose between the parties and suit was filed in Miami. The Defendant filed a Motion to Dismiss, raising the lack of personal jurisdiction.
The facts involve the Plaintiff, while temporarily in Florida, making a phone call to Defendant in New York. While Plaintiff was in Miami, the parties also exchanged emails and Defendant was permitted to remotely access Plaintiff’s computer to download or edit files. The court repeatedly referenced that the Plaintiff was in Miami “temporarily” which sounds like a business trip or vacation. The parties have no other Florida contacts.
Bottom line: receiving calls from Miami Beach and exchanging emails and files with someone “temporarily” in Miami, without more, does not create jurisdiction.