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Court Watch

By Susan H. Morton and David W. Oppenheim
October 08, 2004

Franchisor's Web Site and Franchise in New Mexico Did Not Create Personal Jurisdiction over Franchisor in State

The New Mexico Court of Appeals (the state's intermediate appellate court) has ruled that a home inspection franchisor's “passive” Web site did not confer personal jurisdiction over the franchisor in New Mexico in an action commenced by a dissatisfied customer. The fact that the franchisor had a franchisee in the state was also insufficient to confer personal jurisdiction over the franchisor, the court ruled. Sandra Sublett v. Scott Wallin and Pillar To Post, Inc., 94 P.3d 845, __ N.M. __, (N.M. Ct. App. 2004).

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