Johnson v. Barrier et al., No. 15-3928 (N.D. Ill. Jan. 4, 2017).
The Court granted defendant's Rule 12(b)(2) motion to dismiss for lack of jurisdiction, without prejudice to refiling in another jurisdiction. Plaintiff is a blues musician who alleges UMG and others intentionally misappropriated his song by sampling it in another group of songs (the "Juice Products"). After granting plaintiff limited jurisdictional discovery, the federal Court found that it did not have specific or general jurisdiction over the defendants under Illinois law. The Court observed that " UMG’s wholesale shipments and sales of Juice Products within Illinois constituted only 1% of its total wholesale figures, and—as UMG’s corporate designee testified—none of the marketing associated with the Juice Products was specific to or otherwise targeted Illinois." Having dismissed on jurisdictional grounds, the Court did not decide the defendants' motion to dismiss for failure to state a claim.