Thursday, March 5, 2009

If you can't say something famatory, don't say anything at all

In this post, we will look at two more cases dealing with personal jurisdiction.

Calder v. Jones (1984)

Facts
Jones was an entertainer in California. The National Enquirer published an article about her that was possibly defamatory. The National Enquirer was based in Florida. The publication did not bother moving for lack of jurisdiction because 12% of its circulation was in California. But the reporter and editor of the story did move for lack of jurisdiction. The two men had little contact with the state of California: a combined three phone calls, one vacation, and a pending (unrelated) defamation lawsuit.

Question
Can California assert jurisdiction in this case?

Holding
Yes

Reasoning
The court did not bother with minimum contacts, reasoning that this was not a charge of mere untargeted negligence. Instead, the court created the Effects Test. Since the men were charged with allegedly tortuous actions that were intentional and expressly aimed at a California resident, they fell under California jurisdiction.

And the winner is…
Jones, at least on this motion. I don’t know the outcome of the actual defamation suit.

Keeton v. Hustler Magazine, Inc. (1984)

Facts
Hustler Magazine published an allegedly defamatory cartoon of Ms. Keeton, who was dating the Penthouse publisher. The statute of limitations in New York (where Keeton lived) ran out before she could file a lawsuit. The statue had not expired in New Hampshire, so Keeton filed suit there. This case had no special connection to the state of New Hampshire. Hustler sold very few magazines that state.

Question
Can New Hampshire assert personal jurisdiction over Hustler magazine.

Holding
Yes

Reasoning
It does not matter how few magazines Hustler sold in NH. Hustler’s business actions within the state were systematic and continuous. New Hampshire residents who enjoyed Hustler were mislead by the cartoon.

And the winner is…
Keeton

Notes
-All damages sustained in all jurisdictions are recoverable by a single action. Although Hustler was found liable only in New Hampshire, damages from that judgment would have been awarded based on Hustler’s entire American distribution.

summarized from Life of a Law Student

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