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BELLINO V. SIMON

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BELLINO V. SIMON Powered By Docstoc
					CIV PRO
BELLINO V. SIMON, US District Court, East District of Louisiana, 1999. 1999 WL 1059753 History: Complaint by Plaintiff that defamatory statements made by Simon to NYC Dept. of Consumer Affairs caused suspension of Plaintiff’s business on eBay and Plaintiff lost sales in excess of $500,000, business reputation in LA and throughout America; also, defendants’ defamatory statements made to Aubert, LA resident, caused him to return 2 baseballs and loss of future business w/Aubert Facts: Simon (NY) is president of NY corporation; Spence is managing member of limited liability company founded in PA; both buy, sell, authenticate sports memorabilia Aubert communicated w/Simon via e-mail and phone calls regarding the authenticity of two autographed baseballs Issue(s): Whether specific jurisdiction over Simon and/or Spence should be held. Holding: Spence—no jurisdiction; Simon—jurisdiction Analysis: Personal jurisdiction may be exercised over a nonresident if (1) the long-arm statute of forum state confers personal jurisdiction over that defendant and (2) exercise of such jurisdiction by forum state comports w/14th Amendment’s due process clause Exercise of personal jurisdiction over a nonresident defendant satisfies due process when (1) defendant has purposefully availed himself of the benefits and protections of forum state by establishing “minimum contacts” w/that state and (2) exercise of jurisdiction over defendant comports w/”traditional notions of fair play and substantial justice” Spence—jurisdiction will not be granted on one unsolicited phone call from the forum state to a nonresident defendant; Spence merely had a website and ads in a national trade magazine and those do not constitute systematic and continuous contacts Simon—through his defamatory e-mails and phone calls, which he invited Aubert to make, he established sufficient contacts w/in LA; when a cause of action does not arise out of a nonresident defendant’s purposeful contacts w/forum state, due process requires continuous and systematic contacts between the defendant and the forum before jurisdiction over the defendant can be exercised


				
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