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Civil Procedure Keyed to Yeazell
Abdouch v. Lopez
Citation:
285 Neb. 718, 829 N.W.2d 662 (2013)Facts
Plaintiff was the executive secretary of the Nebraska presidential campaign of John F. Kennedy in 1960. Richard Yates gave Abdouch a copy of his book, Revolutionary Road, in 1963 with the inscription: “For Helen Abdouch–with admiration and best wishes. Dick Yates. 8/19/63.” The book was eventually stolen. Defendant Lopez, through his company, KLB, purchased the book in 2009 from a seller in Georgia. Defendants advertised the Yates book, sold it, and designated as “SOLD,” with a photo of the inscription on the website for more than three years after the book was sold. Defendants had not attended any book fairs in Nebraska. Only two of approximately 1,000 individuals on KLB’s active mailing list lived in Nebraska. Defendant KLB was not registered to do business in Nebraska and did not own or lease any real estate in Nebraska. Defendant KLB did not advertise in any Nebraska publications and had sold less than $615 in books to Nebraska residents from 2009–2011. During that time, Defendant KLB’s total sales were $3.9 million. Plaintiff discovered that Defendants posted the photo of the inscription on the website and sued Defendants in Nebraska for invasion of privacy. The trial court dismissed the lawsuit based on a lack of personal jurisdiction over Defendants. Plaintiff appealed to the Supreme Court of Nebraska.
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