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Does the long arm statute apply to this? Do other laws as well?

Corporate Law Discussions

Does the long arm statute apply to this? Do other laws as well?

Postby max » Thu Nov 24, 2011 4:20 am

The National Enquirer, Inc., Florida corporation; principal place of business in Florida publishes the National Enquirer, a national weekly newspaper with total circulation of more than 5 million copies. About 600,000 copies, almost twice the level of the next highest state, sold in California. On 10/9/79, they published an article about Shirley Jones, an entertainer. Jones, a California resident, filed lawsuit in California state court against Enquirer and its president, a resident of Florida. The suit sought damages for alleged defamation, invasion of privacy, and intentional infliction of emotional distress. Are the defendants subject to suit in California? [California Case]
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Does the long arm statute apply to this? Do other laws as well?

Postby langford59 » Thu Nov 24, 2011 4:20 am

The National Enquirer, Inc., Florida corporation; principal place of business in Florida publishes the National Enquirer, a national weekly newspaper with total circulation of more than 5 million copies. About 600,000 copies, almost twice the level of the next highest state, sold in California. On 10/9/79, they published an article about Shirley Jones, an entertainer. Jones, a California resident, filed lawsuit in California state court against Enquirer and its president, a resident of Florida. The suit sought damages for alleged defamation, invasion of privacy, and intentional infliction of emotional distress. Are the defendants subject to suit in California? [California Case]
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Does the long arm statute apply to this? Do other laws as well?

Postby jordi » Thu Nov 24, 2011 4:23 am

I would say yes because selling newspapers on a weekly basis to tons of Californians would be systematic and continuous. They make money by doing business and selling their papers to California residents and they rely on the laws and protections of the state of California to get paid, and other things if they need it. It is foreseeable that if the newspaper publishes something defamatory about a citizen in a state, that the citizen would probably haul them into court there. So I would say yes.
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Does the long arm statute apply to this? Do other laws as well?

Postby eoforwic » Thu Nov 24, 2011 4:27 am

Yes. Since the defamation, etc. happened in CA (among other places) since the magazine was sold there the suit can be filed in CA courts. A suit can be filed the state where the law was broken and it was, allegedly, broken in CA where the defaming info was spread, etc. The fact that the magazine is based out of Florida is not relevant in this case.
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Does the long arm statute apply to this? Do other laws as well?

Postby vohkinne » Thu Nov 24, 2011 4:33 am

As long as the National Enquirer has some sort of contact with California (an office, employees, etc.) they can be sued.
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