Sunday, October 14, 2012

Calder v. Jones (1984) (libel in FL towards CA…Jx in CA)


a.       Facts- P is an actress and Ds an editor and writer. D produced a libelous article in FL about P, who lives in CA. P sued in CA Ct for damages (IIED). D challenged on the basis that CA Ct’s do NOT have Jx over D, a resident of FL.
b.      Procedural History- Ds appealed CA’s Jx over them
c.       Issue- Whether CA Ct has Jx over non-resident D’s for claims arising from a libelous article directed toward a CA resident.
d.      Holding- Yes, CA can have Jx over a non-resident D for an article directed towards a CA resident
e.       Rule- Any State can exercise personal Jx over anyone whose intentional acts, of which are the claim of suit, reach somebody of that State
f.       Rationale- Even though Ds are employees of a magazine, this does NOT preclude them from answering claims arising from their intentional acts
                                                              i.      Ex: A welder working for a boiler company may NOT have to answer when the boiler explodes, but he might have to answer if he intentionally tampered with the boiler
g.      Notes:
                                                              i.      Although D’s did NOT go to CA, their actions resulted in harm in CA. CA was the focal point of the claim. Damage was suffered in CA, her reputation was affected in CA, and the article was directed towards her who lived in CA
                                                            ii.      Effects- “Brunt of the harm” test: Harm was done in CA (she wouldn’t be able to get a job in CA)
1.      Targeting: there were intentional actions that were expressly aimed at CA
                                                          iii.      3 parts “Effects” test
1.      Intentional act
2.      Whether the effect of the harm was in the forum State
3.      Whether the D intends OR knows the harm will be effected in the forum State

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