Internet Defamation Litigation
Is someone spreading incorrect information online resulting in defaming your business or personal reputation ? Have you been threatened by a frivolous lawsuit? Whether you have been defamed online or have been falsely accused of defaming someone, we can aggressively represent you with all facets of Internet defamation litigation.
Our defamation attorney can successfully resolve any issue related to online reputation for both plaintiffs and defendants. He is skilled at resolving issues through complex analysis of electronic data and forensic resources and has consistently been rated as one of the best in the bay area. Whether you are alleged to defame someone or have been defamed, we can assist you to resolve the matter.
When can an out of state defendant be sued in California?
As it relates to online defamation, out of state defendants sued in California should note, they may be able to challenge jurisdictional issues if they do not have any connection to California in a meaningful way. In this regard, the plaintiff's residence in California is not important and is not considered a factor unless defendant specifically wanted the statements to be read by readers in California.
Therefore, defendant can only be sued in California if he or she expressly aimed the defamatory statements towards California (not the plaintiff) in such a way that the state was the focal point of the defamatory statement. See Burdick v. Superior Court, 233 Cal. App. 4th 8, 20 (2015). Thus, plaintiff has a burden of showing that defendant knew that his action of posting the defamatory statement online would cause plaintiff harm in California and point to that specific activity. Id.
Simply claiming that defendant knew or should have known his or her defamatory statement would cause harm in California is not enough. Why? Because otherwise a defendant could be sued in any state in the nation where plaintiff claims he or she was injured at (aka forum shopping) and California courts see this as inherently unfair and detrimental to out of state defendants and their ability to mount a legal defense.
Needless to say, defendants can be sued in their home state. Thus, no jurisdictional issue arises when the an out of state defendant is sued in their home state.
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