Andy’s Auctions, Inc.

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Assume that Andy’s Auctions, Inc. is a corporation with its principal place of business in Illinois. Mike is a proprietor of a small shop in Georgia that sells used motorcycles. Andy’s calls Mike and offers to sell Mike 25 used motorcycles he has on his auction lot. Mike signs a contract with Andy’s Auctions, Inc. to purchase the motorcycles. Mike has never been to Illinois; all of his business with Andy’s Actions, Inc. was done either online or via telephone. Mike, of course, knows that Andy’s Auctions, Inc. has its principle place of business in Illinois.

When Mike receives the motorcycles, he examines them and discovers that five of the bikes are damaged and do not conform to the contract, that states the bikes will be delivered in excellent condition. Mike pays Andy for 20 bikes and refuses to pay for the five damaged bikes. Andy disagrees with Mike and files a lawsuit in the circuit court in Illinois claiming that the bikes do conform to the contract and that Mike owes him the purchase price for all 25 bikes.

Mike claims that the Illinois court has no personal jurisdiction over him, while Andy claims that the state does have jurisdiction over him because he knowingly did business with an Illinois company. Assume that there is no applicable possibility of quasi in rem jurisdiction.

Please write an IRAC-style essay explaining whether Illinois likely to have personal jurisdiction over Mike.

NOTE: Please disregard the contract issue for purposes of this assignment. Focus on personal jurisdiction, only.

 

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