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Illinois v. Hemi Group LLC
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Illinois v. Hemi Group LLC : ウィキペディア英語版
Illinois v. Hemi Group LLC

''Illinois v. Hemi Group, LLC'', 622 F.3d 754 (7th Cir. 2010), was a personal jurisdiction case in which the United States Court of Appeals for the Seventh Circuit affirmed the United States District Court for the Central District of Illinois' ruling finding personal jurisdiction based on Internet transactions. In the initial filing, the state of Illinois sued Hemi Group LLC (Hemi) for selling cigarettes to Illinois residents over the Internet in violation of state law and for failing to report those sales in violation of federal law. Hemi moved to dismiss the suit for lack of personal jurisdiction, but the district court found that the Internet transactions provided a basis for Hemi to be sued in Illinois.
==Facts==
Hemi, based out of New Mexico and without any ties to Illinois, sold discount cigarettes through several websites. Customers could place orders online or through fax, mail, or telephone. Illinois alleged that Hemi sold cigarettes to Illinois residents via its websites, though the only sale Illinois identified in its complaint was ''instigated'' by a special agent of the Illinois Department of Revenue.
On several of its websites, Hemi stated that it would not sell cigarettes to New York residents due to ongoing litigation there, but no exception was made to Illinois residents. Hemi's website directed customers to check with their respective states to determine the amount, if any, of state taxes associated with their order.
Specifically, Illinois sued Hemi in Illinois state court for:
* Failing to comply with the Jenkins Act by not providing monthly reports of sales to Illinois residents;
* Violating the Prevention Act by shipping cigarettes to Illinois residents that were not licensed distributors or export warehouse operators; ''and''
* Violating the Enforcement Act and the Consumer Fraud Act by selling brands of cigarettes to Illinois residents that were not in the Illinois Directory.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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