Civil Procedure — personal jurisdiction

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Wisconsin Court of Appeals

Civil

Civil Procedure — personal jurisdiction

Where the plaintiff shipped goods out of state at the defendant’s direction, the defendant is subject to personal jurisdiction in Wisconsin.

“We again emphasize that it is the nonresident defendant who has the burden to show that, even though minimum contacts are met, the exercise of personal jurisdiction is unfair. Kopke, 245 Wis. 2d 396, ¶23. In this case, Sarver has failed to meet his burden of presenting ‘a compelling case’ that the exercise of personal jurisdiction offends traditional notions of fair play and substantial justice. While Sarver may be burdened by defending the lawsuit here, Wisconsin has an interest in adjudicating a breach of contract dispute stemming from business transactions that occurred in Wisconsin. In addition, Johnson Litho has an interest in obtaining convenient and effective relief in Wisconsin because it performed its contractual obligations here. Moreover, because the witnesses and evidence are primarily located here, the exercise of personal jurisdiction over Sarver will advance the interstate judicial system’s interest in efficiently resolving controversies. Finally, Sarver has failed to demonstrate that the court’s exercise of personal jurisdiction over him will have the effect of undermining substantive social policies by chilling interstate commerce.”

Reversed and Remanded.

Recommended for publication in the official reports.

2010AP1441 Johnson Litho Graphics of Eau Claire, Ltd., v. Sarver

Dist. III, Eau Claire County, Gabler, J., Higginbotham, J.

Attorneys: For Appellant: Mathias, Mark N., Eau Claire; For Respondent: Finn, Stephanie L., Eau Claire