Consider the following dataset, containing 6 transactions. You will use this dataset to answer the questions presented below. Transaction n. Bands 1 Blur, Pixies, REM, Poison 2 Bangles, Blur, Paw, Poison 3 Paw, Pixies, REM, Cure 4 Cure, Paw, OMD, Pixies 5 Pixies, Blur, Paw, Poison 6 Paw, Blur, Poison, Pixies
Read DetailsAcme Apps, Inc. (“AAI”) is incorporated in Delaware with its principal place of business (PPB) in California. AAI developed “Snake Patrol”, a specialized smartphone app for hikers and live-snake collectors. The app guarantees that anytime a photo is taken of a snake, the app will alert the user if it’s venomous. AAI knows from monthly data analytics that, while the majority of its users are in California, about 500 people have downloaded and used the app in the state of Oregon. Another 250 users have downloaded and used the app in the state of Washington. The users pay an upfront fee to AAI for the app and then a small monthly fee to AAI for its use. AAI has recently been directing advertising toward Washington residents as of one of its aggressive marketing campaigns. Pam, a resident of Washington state, went on a weekend hiking trip to Oregon to collect non-venomous snakes for her terrarium back home. While in Oregon, Pam downloaded the app before beginning her hunt for local snakes. Due to a defect in the software, Pam grabbed a venomous snake that – because of the Snake Patrol app – she thought was harmless and was bit. Pam suffered extensive personal injury. Pam filed a lawsuit against AAI in the Federal District Court for the state of Washington. AAI timely moved to dismiss Pam’s lawsuit alleging lack of personal jurisdiction over AAI. Washington’s courts have interpreted its long arm statute to permit exercise of personal jurisdiction over a non-resident to the full extent of the U.S. Constitution. Should the Washington Federal District Court grant AAI’s motion? Discuss.
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