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Re: [TowerTalk] Defamation / libel: definitions - and some thoughts

To: <towertalk@contesting.com>
Subject: Re: [TowerTalk] Defamation / libel: definitions - and some thoughts
From: "Paul Christensen" <w9ac@arrl.net>
Date: Sun, 8 May 2016 08:27:46 -0400
List-post: <towertalk@contesting.com">mailto:towertalk@contesting.com>
>'I am sure there is a lot of case law on this topic, so this is probably
not "one size fits all."'

Starting with the title in that link.  Since defamation cases largely fall
under state law, that means state case law and state statutes apply in these
cases.  A legal theory that works in WA may not work in PA.   Add to that
the requirement of the plaintiff to establish personal jurisdiction such
that the court may assert power over both parties in the forum state.  That
task is easy if the suit is filed in the state where the defendant is
domiciled or is conducting regular business -- not always easy when the
defendant is far away.  For example, if a suit is brought in PA state court
(as initially asserted),  does the WA tower contractor have "minimum
contacts" with the state to hale the defendant into a PA state court?  

Simple, it is not.

Paul, W9AC 


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