Northwest Healthcare Alliance Inc. v. Healthgrades.com, Inc.

MEMORANDUM *

BACKGROUND

Plaintiff Northwest Healthcare Alliance, Inc., dba Assured Home Health & Hospice (“Assured”), is a home health care provider in Washington state. Defendant Healthgrades.com (“Healthgrades.com”) is a Delaware corporation with its principal place of business in Colorado. Defendant operates a web site that purports to rate home health care providers, one of which is plaintiff. Plaintiff brought this action against defendant in Washington state *340 court alleging defamation and violation of Washington’s Consumer Protection Act after plaintiff learned it had received what it considered an unfavorable rating on defendant’s web site. Defendant removed the action to the district court for the Western District of Washington based on diversity jurisdiction, then moved to dismiss the suit for lack of personal jurisdiction. The district court, finding that defendant’s web site was merely a passive provider of information, that defendant had not purposely availed itself of plaintiffs forum, and that defendant had not committed any intentional acts expressly aimed at the forum state, granted defendant’s motion. Plaintiff appeals. Because the parties are familiar with…