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Linkamerica Corp. v. Cox5/26/2005
ting jurisdiction is unfair and unreasonable. In examining the fairness and reasonableness of exerting personal jurisdiction over LinkAmerica, there are five factors that are used: (1) the burden on the defendant; (2) the forum state's interest in adjudicating the dispute; (3) the plaintiff's interest in obtaining convenient and effective relief; (4) the interstate judicial system's interest in obtaining the most efficient resolution of controversies; and (5) the shared interest of the several States in furthering fundamental substantive social policies. Brockman, 779 N.E.2d at 1257.
First, LinkAmerica has made no argument that defending a lawsuit in Indiana would be burdensome. We further note that "with the advancements in travel and communication technology, defending oneself in another state than where one resides is not as severe a burden as it once was." Saler v. Irick, 800 N.E.2d 960, 970 (Ind. Ct. App. 2003). Second, as to Indiana's interest in adjudicating the lawsuit, our supreme court has explained, "Indiana has an interest in seeing its residents . . . protected from fraud." Anthem, 730 N.E.2d at 1240. Indiana has a related interest in seeing its residents protected in employment-related and contractual disputes. Third, the Coxes, as Indiana residents and the plaintiffs in this suit, have an interest in obtaining convenient and effective relief in Indiana, because while Cox was employed by an out-of-state company, he made such employment arrangements from his home state of Indiana. Fourth, Indiana would provide an efficient resolution of the controversy as this is not a situation where litigation has already started on this case in another state. See, e.g., Am. Econ. Ins. Co. v. Felts, 759 N.E.2d 649, 659 (Ind. Ct. App. 2001) (holding that Indiana would not provide the most efficient resolution of the controversy because an Illinois court was already addressing the precise issue sought to be litigated in Indiana). Finally, LinkAmerica has proffered no fundamental social policies at issue in this case. See id. LinkAmerica has failed to present a compelling case that it would be unfair and unreasonable for an Indiana court to exercise jurisdiction over it. Overall, we find that exercising jurisdiction over LinkAmerica would not offend notions of fairness and reasonableness.
In sum, we find that the two-prong test for personal jurisdiction-Indiana Trial Rule 4.4(A) and the federal due process analysis-has been satisfied. Consequently, an Indiana court may properly exercise personal jurisdiction over LinkAmerica. The trial court did not err in denying LinkAmerica's Motion to Dismiss for Lack of Personal Jurisdiction.
Affirmed.
SHARPNACK, J., and MAY, J., concur.
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