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Jenny's Cupcake a Small Bakery Located in Colorado Maintains a Pinterest

Question 5

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Jenny's Cupcake a small bakery located in Colorado maintains a Pinterest account to post pictures of its cupcake creations. Kim, who lives in New York, sees Jenny's Cupcake bakery items on Pinterest and emails Jenny's to order 12 dozen cupcakes to be delivered to her home in New York. Outraged that Jenny's Cupcake refuses to do as she requested, Kim files a lawsuit in New York against Jenny's Cupcakes. Based upon the facts provided, would New York have personal jurisdiction over Jenny's Cupcake?


A) Yes as mere presence on social media forums subjects an individual to personal jurisdiction in any state in which the post if viewed.
B) Yes as Pinterest is a national forum thus subjecting anyone who posts to national personal jurisdiction.
C) No as a passive website is not enough as the sole basis for personal jurisdiction.
D) No because Jenny's Cupcake is located in Colorado and that is the only state that has personal jurisdiction.

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