Question
Through his research, Eric learned that Indiana law permits the sale of most types of consumer fireworks, whereas Illinois law permits the sale of only
Through his research, Eric learned that Indiana law permits the sale of most types of consumer fireworks, whereas Illinois law permits the sale of only sparklers and other novelties (snake or glow worm pellets, smoke bombs, party poppers, booby traps, snappers). Based on that, Eric believes he can make money by locating his business in Hammond, Indiana (just across the state line from Chicago, Illinois) and selling fireworks that are illegal in Illinois to Illinois residents.
Eric is considering using several different advertising, distribution, and sales strategies for selling fireworks to Illinois residents that would be illegal under Illinois law, including: (1) advertising his illegal fireworks in Illinois newspapers, (2) advertising on his Internet website (which Illinois residents can find and access by searching for "fireworks near me"), (3) advertising on billboards on the Indiana side of a highway leading into and out of Illinois, (4) taking orders (by phone or by Internet) from people in Illinois, (5) delivering fireworks to customers in Illinois, (6) shipping fireworks from Indiana to customers in Illinois, and/or (7) selling fireworks in Indiana to Illinois residents who visit his business location in Indiana.
Eric wants to better understand what kinds of advertising, distribution, and sales methods described above (if any) he can use to sell fireworks to Illinois residents that would be illegal under Illinois law, but that would allow him to avoid the jurisdiction of Illinois courts and avoid legal liability for violating Illinois's fireworks law. To help Eric, analyze the extent to which the different advertising and distribution strategies discussed above would or would not subject Eric to Illinois's fireworks law and to the personal jurisdiction of Illinois courts. Make sure to explain your reasoning.
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