Listing in web directory not enough for personal jurisdiction

Plaintiff Kalk, a resident of Delaware, filed suit in federal court in Delaware against his former employer, Fairfield Language Technologies, who has its principal place of business in Virginia. The dispute arose out of Kalk’s employment by Fairfield in the state of Florida.

Fairfield moved to dismiss the complaint for lack of personal jurisdiction. The court granted the motion. Fairfield argued that it did not transact business in Delaware or own property there, nor had it purposefully availed itself to the privilege of conducting activities in Delaware.

The only evidence Kalk submitted regarding Fairfield’s contacts with Delaware was evidence of a link to and description of Fairfield’s website on the Delaware Immigration Directory’s website. This evidence was not persuasive. The court found that Kalk adduced no evidence that Fairfield sought to be listed on the website. Thus, the court held that Kalk’s evidence was insufficient to show purposeful availment.

Kalk v. Fairfield Language Technologies 2005 WL 945715 (D.Del., April 22, 2005).