9th Cir. grants en banc review to consider personal jurisdiction over online businesses

The Ninth Circuit Court of Appeals last week granted en banc review in a case called Briskin v. Shopify, to consider whether a state may exercise specific personal jurisdiction over a defendant that unlawfully uses its nationally accessible web platform to extract data from in-state consumers. As reporter Alison Frankel of Reuters wrote, “The court’s en banc review will undoubtedly address an issue with potentially huge implications for online businesses: Does it make sense for courts weighing jurisdiction for suits against internet defendants to draw a distinction between cases involving physical goods and those focused on online services?” Oral argument before the en banc court has not yet been scheduled. (Note: Public Citizen colleague Nick Sansone is lead appellate counsel for the plaintiff.)