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Click here for the full text of this decision FACTS:Charles and Betsy Drugg’s 13-year-old son, Andy, died on a June 2001, river-rafting trip in Arizona with Moki Mac River Expeditions, a Utah-based river-rafting outfitter. Moki Mac did not directly solicit the Druggs to participate in the trip. Instead, the Druggs learned about Moki Mac’s excursions from Annie Seals, a fellow Texas resident. Seals’ contact information was placed on Moki Mac’s computerized mailing list so that she would automatically receive a brochure for the 2001 season when it became available. Moki Mac subsequently sent two brochures to Seals in Texas detailing pricing and schedules for upcoming excursions. Seals informed Moki Mac of the interest of several others in Texas with whom she shared the literature, including Andy and members of his family. Betsy Drugg reviewed the brochures and information from Moki Mac’s website. After corresponding with Moki Mac representatives from her home in Texas, Betsy ultimately decided to send Andy on the rafting trip. Andy’s grandmother sent Moki Mac an application and payment for herself and Andy. As was its practice, Moki Mac sent a letter confirming payment to the Druggs’ home in Texas along with an acknowledgment-of-risk and release form, which the company requires participants to sign as a prerequisite to attendance. Both Andy and his mother signed the form and returned it to Moki Mac. The Druggs allege that on the second day of Andy’s 14-day trip, Moki Mac guides led the group up an incline on a trail that narrowed around and was obstructed by a large boulder. The guides were positioned at the head and rear of the group, but no guide was present near the boulder. As Andy attempted to negotiate the boulder-blocked path, requiring him to lean back while attempting to cross a very narrow ledge, he fell backwards approximately 55 feet and was fatally injured. The Druggs filed suit in Texas for wrongful death due to Moki Mac’s negligence and for intentional and negligent misrepresentation. The trial court denied Moki Mac’s special appearance. The 5th Court of Appeals affirmed the trial court’s finding of specific jurisdiction, holding that the Druggs’ misrepresentation claim arose from, and related to, Moki Mac’s purposeful contacts with Texas. The Texas Supreme Court granted Moki Mac’s petition for review to consider the extent to which a claim must “arise from or relate to” forum contacts in order to confer specific jurisdiction over a nonresident defendant. HOLDING:Reversed and remanded. Texas courts, the Texas Supreme Court stated, may assert in personam jurisdiction over a nonresident defendant if 1. the Texas long-arm statute authorizes the exercise of jurisdiction; and 2. the exercise of jurisdiction is consistent with federal and state constitutional due-process guarantees. The Texas long-arm statute describes what, “[i]n addition to other acts,” constitutes doing business in this state. The Druggs’ negligent and intentional misrepresentation claims based on Moki Mac’s brochures and release form satisfied the doing-business requirement for jurisdiction under the plain language of the statute, the court stated. The court then examined the due-process element of jurisdiction. For a Texas forum to properly exercise specific jurisdiction in this case: 1. Moki Mac must have made minimum contacts with Texas by purposefully availing itself of the privilege of conducting activities here; and 2. Moki Mac’s liability must have arisen from or related to those contacts. The court concluded that Moki Mac had sufficient purposeful contact with Texas to satisfy the first prong of jurisdictional due process. Moki Mac, the court stated, placed advertisements in a variety of nationally circulated publications that have Texas subscribers. Moki Mac also hired public relations firms to target media groups and tour operators, some of whom were located in Texas. In 1996, Moki Mac placed an advertisement in the Austin Chronicle. It also solicited Texas residents through mass and targeted direct-marketing e-mail campaigns. Examining the second prong of the due-process test, the court found that for a nonresident defendant’s forum contacts to support an exercise of specific jurisdiction, there must be a substantial connection between those contacts and the operative facts of the litigation. The injuries for which the Druggs seek recovery, the court stated, were based on Andy’s death on the hiking trail in Arizona. The relationship between the operative facts of the litigation and Moki Mac’s promotional activities in Texas, the court stated, are simply too attenuated to satisfy specific jurisdiction’s due-process concerns. The court reversed the 5th Court of Appeals’ judgment and remanded the case to that court to consider the Druggs’ assertion that Moki Mac is subject to general jurisdiction in Texas. OPINION:O’Neill, J., delivered the opinion of the court, in which Jefferson, C.J., and Hecht, Wainwright, Brister, Green and Willett, J.J., joined. DISSENT:Johnson, J., filed a dissenting opinion, in which Medina, J., joined. “I would hold that the substance of the Druggs’ suit is related to Moki Mac’s activities which were purposefully directed toward Texas residents; the second prong of the due process inquiry is satisfied; it is not unreasonable or unfair to Moki Mac for Texas to exercise jurisdiction over Moki Mac as to the Druggs’ suit; and subject to a “fair play and substantial justice” analysis, the exercise of jurisdiction by Texas in this case falls within the boundaries of federal constitutional due process requirements.”

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