RFD-TV v. WildOpenFence Fin.Annotate this Case
RFD-TV, LLC, a television programming service, executed an affiliation agreement with Sunflower Broadband Corporation that granted Sunflower a nonexclusive right to distribute RFD programming to Sunflower’s subscribers in Kansas in exchange for a fee. Knology, Inc., subsequently purchased Sunflower’s assets. Prior to this purchase Knology was providing cable service to subscribers in South Dakota. Knology later became a wholly owned subsidiary of WOW! Cable. Two years later, Knology and WOW ceased distribution of RFD programming and did not pay fees. RFD sued Knology and WOW (collectively, Appellees) for breach of contract. Appellees filed a motion to dismiss, alleging that the district court did not have personal jurisdiction over them. The district court dismissed the complaint with prejudice, finding that the minimum contacts requirement between Appellees, as nonresident defendants, and the State had not been met. The Supreme Court affirmed as modified, holding that the district court (1) did not err in dismissing the complaint for lack of personal jurisdiction; and (2) erred in dismissing the case with prejudice.