In this article, Santisi argues that a Florida court decision regarding personal jurisdiction was wrongly decided. In the case, the Florida Court of Appeals held that a lease contract entered into by Pres-Kap, Inc. (a New York corporation) of a database run by System One Direct Access, Inc. in Florida did not give rise to personal jurisdiction in Florida. Santisi argues that both the minimum contacts and the reasonableness factors of the “purposeful availment” test set forth in Burger King v. Rudzewicz had been satisfied by the facts of the case. Among the important facts were that Pres-Kap derived economic benefits from the forum state by using the database and also that Pres-Kap’s online access to the Florida database involved performance of the lease contract. Thus, Santisi argues, the purposeful availment test had been satisfied and the court was in error not to find personal jurisdiction. Finally, Santisi asserts that Pres-Kap had adequate notice of being haled into a Florida court mainly because Pres-Kap had signed previous contracts with the Florida corporation and the contract itself provided that Florida law governed in the event of a breach or dispute.
Michael J. Santisi, Pres-Kap, Inc. v. System One, Direct Access, Inc.: Extending the Reach of the Long-Arm Statute Through the Internet, 13 J. Marshall J. Computer & Info. L. 433 (1995)