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Texas Wesleyan Law Review

Publication Date

10-1-1997

Document Type

Comment

Abstract

This Comment sets forth the analysis that Texas courts should use in maintaining personal jurisdiction over the nonresident creator/owner of a web-site on the Internet. This will be accomplished by elucidating the nature of the Internet in such a way as to show that its inherent nature is not unlike fact situations that Texas courts have dealt with previously. First, the foundation of jurisdictional analysis is outlined, concluding that for web-site cases jurisdiction hinges upon the intent or purpose in the web-site owner's actions. Second, significant Texas cases are discussed to explore the exact nature of what a court must find to properly maintain personal jurisdiction over a nonresident defendant when injuries arise from printed material and/or wire communications. Finally, cases from other states that analyze web-site personal jurisdiction are compared and contrasted with the analysis of Texas courts. This Comment concludes that, when the injury claimed arises from the web-site itself, the Texas court can maintain personal jurisdiction if the proper nexus between the defendant's actions and the alleged injury is established.

DOI

10.37419/TWLR.V4.I1.2

First Page

31

Last Page

70

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