Bell Paper Box, Inc. v. Trans Western Polymers, Inc.

53 F.3d 920, 1995 U.S. App. LEXIS 9667, 1995 WL 244904
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 28, 1995
Docket94-2391
StatusPublished
Cited by77 cases

This text of 53 F.3d 920 (Bell Paper Box, Inc. v. Trans Western Polymers, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bell Paper Box, Inc. v. Trans Western Polymers, Inc., 53 F.3d 920, 1995 U.S. App. LEXIS 9667, 1995 WL 244904 (8th Cir. 1995).

Opinions

JOHN R. GIBSON, Senior Circuit Judge.

Bell Paper Box appeals from tHe district court’s1 order dismissing its action against Trans Western Polymers, Inc., for lack of personal jurisdiction. We affirm.

On January 19, 1993, Bell commenced this contract action in South Dakota state court. Pursuant to 28 U.S.C. §§ 1332 (1988) and 1441 (1988 & Supp. V 1993), Trans Western removed the case to the South Dakota federal district court and then moved to dismiss for lack of personal jurisdiction. The district court heard argument on the motion and, on May 5, 1994, granted Trans Western’s motion to dismiss.

Bell, a South Dakota corporation, has its principal place of business in Sioux Falls, South Dakota. Bell manufactures printed folding cartons for various types of products. Trans Western is a California corporation with its principal place of business in Liver-more, California. All of Trans Western’s facilities and employees are in California, and all of its officers, directors, and shareholders are California residents.

Bell arranged for Peter Berman, a self-employed broker in California, to solicit business for Bell with San Francisco Bay area companies. On Bell’s behalf, Berman solicited Trans Western for an order for plastic cutlery packaging. During the negotiations, all contacts between Berman and Trans Western occurred in California. Bell and Trans Western communicated by phone, facsimile and mail. Some of the communications were routed through Berman. Trans Western sent films to' South Dakota which Bell matched to the die’s outline. On one occasion, Mark Graham, President and C.E.O. of Bell, traveled to California to meet with Trans Western representatives.

In April of 1992, Trans Western sent Bell a purchase order for packaging which Bell would manufacture, in South Dakota. The purchase order specified that Bell ship the products “F.O.B. Livermore, California.” Bell’s acknowledgment form provided that the agreement be “construed in accordance with the laws of the state of South Dakota.” Just before production was scheduled to begin, Trans Western sent Graham a registered letter requesting that Bell cease production of the products due to order cancellations.

Shortly after Bell filed this action, Trans Western’s president, Joon Bai, flew to South Dakota to discuss Trans Western’s future packaging needs and potential settlement of the lawsuit. On January 7, 1993, Bai met with Bell officials and toured Bell’s facility in South Dakota. Before this, no one from Trans Western had traveled to South Dakota in connection with the business dealings in issue here.

Bell argues that it made a prima facie showing that Trans Western had sufficient contacts with South Dakota for the court to exercise personal jurisdiction over Trans Western within the parameters of due process. However, the district court held that Trans Western did not have the requisite minimum contacts with South Dakota and granted the motion to dismiss for lack of jurisdiction.

We review de novo whether Bell has established a prima facie case of personal jurisdiction. Dakota Indus., Inc. v. Dakota Sportswear, Inc., 946 F.2d 1384, 1387 (8th Cir.1991). Because South Dakota applies its long-arm statute to the fullest extent permissible under due process, Ventling v. Kraft, 83 S.D. 466, 161 N.W.2d 29, 34 (1968), we need only determine “whether exercise of personal jurisdiction comports with due process.” Bell Paper Box, Inc. v. U.S. Kids, Inc., 22 F.3d 816, 818 (8th Cir.1994) (citations omitted). Due process requires both minimum contacts "with the forum state and accord with the notions of “ ‘fair play and substantial justice.’ ” Burger King Corp. v. Rudzewicz, 471 U.S. 462, 476, 105 S.Ct. 2174, 2184, 85 L.Ed.2d 528 (1985) (quoting International Shoe Co. v. Washington, 326 U.S. 310, 320, 66 [922]*922S.Ct. 154, 160, 90 L.Ed. 95 (1945)); Dakota Indus., 946 F.2d at 1389. “[T]he constitutional touchstone remains whether the defendant purposefully established minimum contacts in the forum State.” Burger King, 471 U.S. at 474, 105 S.Ct. at 2183 (internal quotations and citation omitted).

To evaluate the propriety of jurisdiction, “[w]e consider: (1) the nature and quality of the contacts with the forum state; (2) the quantity of the contacts with the forum state; (3) the relation of the cause of action to the contacts; (4) the interest of the forum state in providing a forum for its residents; and (5) the convenience of the parties.” Dakota Indus., 946 F.2d at 1390 (citing Landr-O-Nod Co. v. Bassett Furniture Indus., 708 F.2d 1338 (8th Cir.1983)). The most important factors are those which analyze forum contacts. Id.; Burger King, 471 U.S. at 476-78, 105 S.Ct. at 2184-85 (“Once it has been decided that a defendant purposefully established minimum contacts within the forum State, these contacts may be considered in light of other factors to determine whether the assertion of personal jurisdiction would comport with fair play and substantial justice.”) (internal quotations and citation omitted).

To maintain personal jurisdiction, Trans Western’s contacts with South Dakota must be more than “random,” “fortuitous,” or “attenuated.” Burger King, 471 U.S. at 475, 105 S.Ct. at 2183 (citations and internal quotations omitted). Trans Western must have purposefully availed itself of “the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.” Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1240, 2 L:Ed.2d 1283 (1958). Actions by Trans Western itself must have created a “substantial connection” with the forum. McGee v. International Life Ins. Co., 355 U.S. 220, 223, 78 S.Ct. 199, 201, 2 L.Ed.2d 223 (1957). This has not occurred. Rather, Bell employed Berman in California. Bell, through Berman, solicited Trans Western’s business in California. Trans Western employed no one in South Dakota and sent no representatives to South Dakota before this suit.2 Only a single purchase order links Trans Western to South Dakota. “Merely entering into a contract with a forum resident does not provide the requisite contacts between a [nonresident] defendant and the forum state.” Iowa Elec. Light & Power Co. v. Atlas Corp., 603 F.2d 1301, 1303 (8th Cir. 1979), cert. denied, 445 U.S. 911, 100 S.Ct. 1090, 63 L.Ed.2d 327 (1980). This is particularly true when the nonresident defendant is a buyer, rather than a seller. See Precision Const. Co. v. J.A. Slattery Co.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
53 F.3d 920, 1995 U.S. App. LEXIS 9667, 1995 WL 244904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-paper-box-inc-v-trans-western-polymers-inc-ca8-1995.