Keeton v hustler











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Nearly all the damages the plaintiff seeks arise from injury to her reputation outside of New Hampshire caused by activity that took place outside of New Hampshire. The US Supreme Court found that New Hampshire had a substantial interest in helping other States to provide a forum for efficiently litigating all issues and claims. Indeed, in this case, it seems likely that New Hampshire unlike Ohio would consider its statute of limitations procedural, and apply it, resurrecting an action that is dead everywhere else. To the contrary, " i f a defendant has certain judicially cognizable ties with a State, a variety of factors relating to the particular cause of action may be relevant to the determination whether the exercise of jurisdiction would comport with 'traditional notions of fair play and substantial justice.

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Mass Media Law Court Cases 2 Flashcards

Thus, the Supreme Court would have us judge "reasonableness" and "fairness" not exclusively from the point of view of defendants' contacts with the state. By using this site, you agree to the Terms of Use and Privacy Policy. So even though Keeton couldn't sue in other States, she could still get damages for defamation in those States by winning in New Hampshire. Burger Associate Justices William J. Wikipedia articles incorporating text from public domain works of the United States Government Articles needing expert attention from April All articles needing expert attention Law articles needing expert attention Articles with short description. Keeton, and provide defendant publishers security against lawsuits so long delayed. We note that the Fifth Circuit has also held that an out-of-state plaintiff cannot sue an out-of-state publisher who has sent his publication into the forum state.

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Personal jurisdiction over nonresident publishers and authors

The difficulty with the case lies in the fact that, unlike Seymour, some of the activity about which the plaintiff complains took place in New Hampshire, but unlike Buckley, plaintiff lives outside of New Hampshire and most of the activity about which plaintiff complains took place outside the state. Hustler Magazine Inc F. Daichman, with whom W. By using this site, you agree to the Terms of Use and Privacy Policy.

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Description: We note that the Fifth Circuit has also held that an out-of-state plaintiff cannot sue an out-of-state publisher who has sent his publication into the forum state. Namespaces Article Talk. This fact explains why plaintiff wishes to sue in New Hampshire, but it does not automatically make it fair for her to do so. New Hampshire has no special interest in protecting a nonresident against this out-of-state activity. For these reasons, we believe that the small amount of New Hampshire activity does not sufficiently distinguish this case from Seymour to warrant a different result. Case law makes clear that defendants' few contacts with New Hampshire-sending in magazines-would be sufficient to support a suit by a New Hampshire resident for libel occurring in New Hampshire. The relevant New Hampshire "long arm" statutes see appendix authorizing service of process on defendants seek to extend jurisdiction over nonresidents to the fullest extent permitted under the federal constitution. Jones , which held that a state had personal jurisdiction over author or editor of an article published in a magazine widely circulated in the state the case was brought, if the claim brought was that the article was libelous about activities in the state by a resident of state. Decided June 16,
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