Don't Look Media LLC v. Fly Victor Limited, No. 20-10779 (11th Cir. 2021)Annotate this Case
After DLM licensed its private jet booking website to Fly Victor in exchange for Fly Victor's agreement to invest in increasing traffic to the site and to share booking revenues with DLM, DLM filed suit against Fly Victor alleging that its directors and officers violated the Racketeer Influenced and Corrupt Organizations Act (RICO) by defrauding DLM of the site revenues and laundering these ill-gotten gains through closely held firms.
The Eleventh Circuit affirmed the district court's dismissal of the case based on lack of personal jurisdiction and because the revenue sharing agreement's selection clauses mandated litigation of the dispute in an English court. The court explained that, for a statutory basis for personal jurisdiction, DLM relies only on a RICO provision that allows for service of process in any United States judicial district. However, the court concluded that this statute cannot provide personal jurisdiction because DLM did not serve any party within the United States. Rather, DLM only attempted service on defendants in a London office building. Furthermore, the court concluded that the forum selection clauses are enforceable, plainly apply to DLM's claims, and require dismissal in favor of an English forum.