Aigner v. Bell Helicopters, Inc.

86 F.R.D. 532, 1980 U.S. Dist. LEXIS 13346
CourtDistrict Court, N.D. Illinois
DecidedMay 8, 1980
DocketNo. 79 C 3910
StatusPublished
Cited by17 cases

This text of 86 F.R.D. 532 (Aigner v. Bell Helicopters, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aigner v. Bell Helicopters, Inc., 86 F.R.D. 532, 1980 U.S. Dist. LEXIS 13346 (N.D. Ill. 1980).

Opinion

ORDER

BUA, District Judge.

This cause comes before the court on the individual motions of defendants Canadian Mountain Holidays, Ltd. and Okanagan Helicopters, Inc. to have the present action dismissed for lack of personal jurisdiction, Rule 12(b)(2), Fed.R.Civ.P., and the combined alternative motion of said defendants to have the matter dismissed for reasons of forum non conveniens, Rule 12(b), Fed.R. Civ.P.

The present action is one in tort, involving claims for personal injury and wrongful death. The plaintiffs, one of whom is an Illinois resident, and/or their decedents were injured in the crash of a helicopter owned and operated by defendant Okanagan helicopters [Okanagan], while they were on a heli-skiing tour managed by defendant Canadian Mountain Holidays [CMH]. As there is complete diversity of citizenship between all of the remaining parties, and the amount in controversy exceeds $10,000, exclusive of interest and costs, jurisdiction over the matter properly lies pursuant to 28 U.S.C. § 1332(a)(3).

Defendant CMH’s Motion to Dismiss

In contending that the present matter, to the extent that it relates to CMH, must be dismissed for lack of personal jurisdiction, Rule 12(b)(2), Fed.R.Civ.P., defendant CMH states the following:

The accident from which this litigation evolved did not occur within the State of Illinois . Defendant CMH is incorporated in Canada and has its office and principal place of business in Banff, Alberta, Canada. CMH is not incorporated in Illinois, is not qualified, authorized, or otherwise chartered or licensed to do business in Illinois and has no agent for service of process [there]. It owns no real estate in Illinois. CMH does not sell products or services [to be rendered] in Illinois, does not maintain a place of business in [that] State and has no agents or representatives living, residing or stationed [there]. CMH maintains no bank accounts or telephone listings in Illinois and does not pay any Illinois taxes of any kind. CMH does not derive revenue from goods consumed or services performed in Illinois. CMH is not a manufacturer, seller or distributor of goods or products. Rather, it derives its income from the sale of services, primarily in the area of ski tours.

Memorandum Of Facts And Law In Support Of Motion To Quash Service And To Dismiss For Lack Of Personal Jurisdiction Or In The Alternative, To Dismiss On The [535]*535Basis Of Forum Non Conveniens, at 2-3. These facts, CMH charges, are in themselves adequate to show that, as regards the Aigner litigation, it [CMH] lacks the “minimum contacts” with Illinois necessary for personal jurisdiction to properly lie. International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95 (1945).

With one minor exception,1 these factual allegations of CMH are not disputed. The plaintiffs, however, point out — and the defendant does not deny — that CMH has done an appreciable amount of business in Illinois over the past few years.2 This Illinois business, the plaintiffs contend, if evaluated qualitatively, is of sufficient magnitude to allow for the constitutional exercise of personal jurisdiction over CMH in the present matter. See Gordon v. International Telephone and Telegraph Corp., 273 F.Supp. 164, 167-68 (N.D.Ill.1967).

As there does not appear to be any direct relationship between the Illinois business done by CMH and the injuries complained of by the plaintiffs,3 jurisdiction over that defendant cannot, by virtue of its Illinois activities, be founded upon Chapter 110, § 17(l)(a) of the Illinois Revised Statutes — the “transaction of any business” provision of the Illinois long-arm statute. Process Church of the Final Judgment v. Sanders, 338 F.Supp. 1396, 1398 (N.D.Ill. 1972). The plaintiffs thus, apparently realizing this to be true, argue primarily that the defendant’s aggregate contacts with Illinois over the past several years, although unrelated to the present causes of action, are sufficient under the circumstances to sustain the exercise of personal jurisdiction being sought. See Braband v. Beech Air[536]*536craft Corp., 72 Ill.2d 548, 557-60, 21 Ill.Dec. 888, 382 N.E.2d 252 (1978).

In International Shoe Co. v. Washington, supra, 326 U.S. at 318-19, 66 S.Ct. at 159-160, the United States Supreme Court recognized that, under certain circumstances, a foreign corporation’s contacts with the forum state can be of such a nature that to compel said corporation to defend itself in an action founded upon activities other than those engaged in by it in the forum would not offend due process. See also Perkins v. Benguet Consolidated Mining Co., 342 U.S. 437, 446-48, 72 S.Ct. 413, 418-420, 96 L.Ed. 485 (1952). That, in such situations, personal jurisdiction can properly be extended over foreign corporations under Illinois law also is clearly established. Braband v. Beech Aircraft Corp., supra, 72 Ill.2d at 556-60, 21 Ill.Dec. 888, 382 N.E.2d 252 (construing Ill.Rev.Stat. ch. 110, §§ 13.3 and 16); see Gordon v. International Telephone and Telegraph Co., supra at 168. Before the requisite circumstances will be found to lie, however, it ordinarily first must be shown that the defendant corporation’s unrelated contacts with the forum were ongoing, continuous and of a substantial nature. See generally Perkins v. Benguet Consolidated Mining Co., supra 342 U.S. at 446-48, 72 S.Ct. at 418-420; Gray v. American Radiator and Standard Sanitary Corp., 22 Ill.2d 432, 437-38, 176 N.E.2d 761 (1961).

In arguing that such a situation exists in the present case,4 the plaintiffs point to the following business done by defendant CMH in Illinois:

Since 1977, compensated CMH representatives have made three promotional/solicitation trips to Illinois.

On at least three occasions in 1978 and 1979 CMH representatives, with the help of Illinois residents who were compensated for the assistance they rendered, rented facilities and equipment in Illinois for use when making group presentations promoting CMH heli-skiing tours. The purpose of such presentations was to solicit and encourage tour bookings.

CMH maintains regular mail contact with its 120+ former customers residing in Illinois, and provides said individuals with advance notice of its upcoming group presentations, etc.

The defendant has solicited Illinois travel agencies for the purposes of (1) arranging and booking CMH heli-skiing tours through them, and (2) allowing it [CMH] to be able to notify customers and potential customers that CMH heli-skiing tours could be arranged locally.

In the years 1977-1980, a number of CMH heli-skiing tours were booked through Illinois travel agencies, with the defendant paying commissions, in Illinois, to said agencies for the services they rendered.5

[537]*537CMH has advertised and promoted its heli-skiing tours in national specialty publications with the apparent knowledge that said publications would be circulated in Illinois.

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Cite This Page — Counsel Stack

Bluebook (online)
86 F.R.D. 532, 1980 U.S. Dist. LEXIS 13346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aigner-v-bell-helicopters-inc-ilnd-1980.