State of Illinois v. Hemi Group LLC

Dist. Ct. did not err in denying defendant’s motion to dismiss for lack of personal jurisdiction action by State of Illinois seeking to enforce certain state and federal laws requiring defendant to report its Internet cigarette sales to Illinois residents. Defendant’s on-line contacts with Illinois residents were sufficient to satisfy due process concerns where defendant conducted near nationwide sales program that indicated willingness to do business with Illinois residents, and where defendant’s exclusion of only New York residents from its sales program indicated that defendant knew how to protect itself from involuntary lawsuits in state courts. Moreover, instant claims arose out of defendant’s acts of selling and shipping of cigarettes to Illinois residents, and fact that instant sales technically occurred in New Mexico, where defendant was located, or fact that defendant had no physical presence in Illinois, was not dispositive on personal jurisdiction issue.