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Personal JurisdictionLast updated on June 28th, 2008 English Libel Law's Pernicious Impact on First Amendment SpeechPosted April 30th, 2008 by David ArdiaFloyd Abrams published an op-ed today in the Wall Street Journal that highlights the impact of foreign law, especially English libel law, on speech in the United States. Abrams notes: read more » Bookmark/Search this post with: Internet Solutions v. Marshall: Internet Defamation Case Dismissed for Lack of Personal JurisdictionPosted April 9th, 2008 by Sam BayardA quick update on the Internet Solutions v. Marshall case, which I've blogged about at length previously. This case is significant to us because Tabatha Marshall, the defendant, was the first user of our website to submit information about her case through our threat entry form. Yesterday, a federal district court in Florida dismissed the lawsuit against Marshall, who is a Washington resident, holding that it lacked personal jurisdiction over her. The court held that exercising personal jurisdiction over Marshall would violate the Due Process Clause because she lacked minimum contacts with Florida. Specifically, the court determined that Marshall's website, www.tabathamarshall.com, did not justify hailing her into a Florida court because it was equally accessible to persons in all states and because Marshall's posts did "not specifically mention Florida or its residents." The court therefore distinguished the pre-Internet Supreme Court case, Calder v. Jones, 465 U.S. 783 (1984), which held that a California court could exercise jurisdiction over two Florida reporters who had "specifically target[ed] a California audience, ma[de] large distributions in California, and publish[ed] articles about a California resident." Marc Randazza has additional commentary. Bookmark/Search this post with: Montana Holdings v. DoePosted March 12th, 2008 by CMLP StaffMontana Holdings, a resort developer located in the Bahamas, filed a John Doe lawsuit in Arizona state court against the anonymous operator of the website www.resortbuyerbeware.com. The website allegedly contained false and defamatory statements about a Montana Holdings resort project and the people involved in developing it. After filing... read more » Last updated on April 22nd, 2008 Energy Automation Systems v. Xcentric VenturesPosted January 11th, 2008 by dardiaXcentric Ventures, LLC, operates the Bad Business Bureau, which provides a forum in which consumers may accuse companies and individuals of various "rip-off" and "bad business" offenses. This forum is located on a website that may be accessed through either of two domain names: ripoffreport.com or badbusinessbureau.com. The... read more » Last updated on April 18th, 2008 Gilding v. CarrPosted January 4th, 2008 by swittenauerJohn Carr is the former past president of the National Air Traffic Controllers Association. Carr operates a blog, The Main Bang, on which he often criticizes the Federal Aviation Administration (FAA). In two blog posts in July 2007, Carr wrote about an FAA employee who committed... read more » Last updated on May 28th, 2008 Best Van Lines v. WalkerPosted December 5th, 2007 by Sam BayardBest Van Lines sued Tim Walker, an Iowa resident, for defamation in federal District Court in New York. According to an appellate decision in the case, Walker posted comments about Best Van Lines on his website, MovingScam.com, asserting that the company operated without the required insurance and was... read more » Last updated on April 15th, 2008 Internet Solutions v. MarshallPosted November 3rd, 2007 by GuestOn November 1, 2007, Internet Solutions, a company that runs a number of employment recruiting and Internet advertising businesses, including VeriResume, sued blogger Tabatha Marshall in ... read more » Last updated on June 27th, 2008 Hollis v. JosephPosted September 10th, 2007 by dardiaTodd Hollis objected to the description posted about him on DontDateHimGirl.com, a website that allows women to post about men and warn other women about them. Mr. Hollis sued Tasha Joseph/Cunningham, the operator of the website, alleging defamation in Pennsylvania state court, after she refused to remove the posts. The... read more » Last updated on April 16th, 2008 Sierra Corporate Design v. FalkPosted September 10th, 2007 by dardiaSierra Corporate Design ("Sierra"), a self-described "specialized Internet service provider and web hosting provider," sued Ed Falk, an anti-spam campaigner and operator of the "Spam Tracking Page," and David Ritz, a member of one of Falk's Usenet groups, in North Dakota state court for violations of North Dakota's computer... read more » Last updated on June 11th, 2008 |
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Oliver "Buck" Revell, former associate deputy director of the Federal Bureau of Investigation, filed a defamation lawsuit against medical professor Hart G.W. Lidov and Columbia University after Lidov wrote and posted an article critizing Revell on the Columbia Journalism Review's online bulletin board. According to court documents, the... read more »