Discuss the below:
Essay -1
John W. Ferron, an Ohio resident, sued 411 Web Directory and National Programing Service in Ohio in connection with the transmittal by 411 Web Directory of 168 e-mail messages advertising the availability of Dish Network satellite television products and services to consumers. 411 Web Directory has no contacts with the state of Ohio beyond transmitting the e-mails.
Does an Ohio court have personal jurisdiction over this defendant?
Essay -2
Due to recent storm activity, Mr. Smith's roof suffered enough damage that it needed a significant portion of the shingles replaced. Mr. Smith hired Jones Roofing Inc. to do the repairs. Jones Roofing dispatched their employee Mr. Green to do the work. Mr. Green showed up and started removing the damaged shingles by tossing them on the ground in the back yard of the residence.
Mr. Smith had seen the shingles being tossed down and stayed in the house. Unfortunately Mr. Needy, a neighbor that lived directly behind
Mr. Smith's home, came into Mr. Smith's yard through the back yard to return a tool he had previously borrowed from Mr. Smith. Upon entering
Mr. Smith's yard Mr. Needy was struck by a shingle tossed by Mr. Green.
Mr. Needy brings an action against all three potential defendants.
What defenses might be available for Jones Roofing, Inc.?