Chalek v. Klein
Appellate Court of Illinois
550 N.E.2d 645 (1990)
Sam Lee (California) and Milton Klein (New York) (defendants) each saw a magazine ad for software sold by Michael Chalek (plaintiff), an Illinois sole proprietor, and each placed a phone order, paid by check, and received delivery in their home states. Neither negotiated terms or traveled to Illinois. Both were dissatisfied, returned the software, and stopped payment. Chalek sued each of them for nonpayment in Illinois state court, and the trial court dismissed both suits for lack of personal jurisdiction.
Whether Illinois courts lack personal jurisdiction over a nonresident buyer who orders a product from an Illinois seller by phone, without negotiating terms or entering the state to manage the transaction.