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Tostigan was posted on the same website in which he chronicled Mr. Atiyeh's legal difficulties dating back to and characterized plaintiff as a "bully" and "scumbag. The latter reference appears in the context of a left-handed compliment. The author states that "since appearing on the offshore gaming scene a few years ago, I have had the displeasure of encountering much bigger scumbags than Atiyeh.
While the factual allegations of the complaint are taken as true, the plaintiff bears the burden of proving with affidavits or other competent evidence that personal jurisdiction exists. See Dayhoff Inc. Heinz Co. Fineberg, Inc. Central Asia Capital Corp. A court may exercise personal jurisdiction over a non-forum resident only when the forum state's long-arm statute so authorizes and when an exercise of such jurisdiction comports with due process.
Pennsylvania's long-arm statute authorizes the exercise of personal jurisdiction over out-of-state defendants to the full extent permitted by the Constitution. See 42 Pa. Colelli Assocs. Hanover Ins. The statutory and constitutional assessments of jurisdiction are thus conflated.
See Arch v. American Tobacco Co. Matsushita Elec. Whether an exercise of personal jurisdiction comports with due process depends upon "the relationship among the defendant, the forum, and the litigation. Heitner , U. Where the defendant is a nonresident of the forum, the plaintiff must show that the defendant has purposefully directed its activities toward the residents of the forum state, see Burger King Corp.
Rudzewicz , U. Denckla , U. Kiekart AG , F. General personal jurisdiction may be established by showing that a defendant maintains continuous and systematic contacts with the forum state. Helicopteros Nacionales de Colombia, S. Hall , U. Ramada Inn , F. Contacts are continuous and systematic if they are "extensive and pervasive. The standard for general jurisdiction thus "is much higher than that for specific jurisdiction.
See also American Cyanamid Co. Eli Lilly and Co. Sears, PLC , F. Plaintiffs do not controvert the averments in Mr. Weitzner's affidavit regarding the passive nature of the website or defendant's dearth of forum contacts and do not contend that defendant has the type of contacts with Pennsylvania which could provide a basis for an exercise of general personal jurisdiction.
Rather, plaintiffs contend that the court has specific personal jurisdiction because "the defamation was an activity outside of Pennsylvania which caused harm inside Pennsylvania" and defendant "purposely targeted a Pennsylvania resident with defamatory comments. Where a plaintiff's cause of action arises out of the defendant's contacts with the forum, a court may exercise specific jurisdiction.
To invoke specific jurisdiction, a plaintiff's cause of action must arise from or relate to the defendant's forum related activities such that the defendant should reasonably anticipate being haled into court in the forum. See Helicopteros Nacionales de Columbia, S.
Woodson , U. Corning Natural Gas Corp. The plaintiff must show that the defendant has constitutionally sufficient minimum contacts with the forum and that the exercise of jurisdiction comports with traditional notions of fair play and substantial justice. Washington , U. A defendant, however, need not be physically present in the forum. Personal jurisdiction may be exercised over a defendant who has committed an intentional tort when the forum is the focal point of the harm suffered by the plaintiff as a result of that tort and the defendant expressly aimed the tortious conduct at the forum which may thus be said to be the focal point of the tortious conduct.
See Remick v. Manfredy , F. Defamation is an intentional tort. The recipient audience is not linked by geography but by a common interest in off-shore sports gambling. The brunt of any harm suffered by the plaintiff corporation would be in Jamaica. Even assuming that the brunt of any harm suffered by the individual plaintiff would be in Pennsylvania, there is no showing that the defendant expressly aimed the tortious conduct at the forum.
There is a difference between tortious conduct targeted at a forum resident and tortious conduct expressly aimed at the forum. Were the former sufficient, a Pennsylvania resident could hale into court in Pennsylvania anyone who injured him by an intentional tortious act committed anywhere. It is not sufficient that the brunt of the harm falls within plaintiff's home forum, even when this was reasonably foreseeable.
Sportsman's Market, Inc. The articles were targeted at the international off-shore gambling community. See Remick , F. Plaintiff Atiyeh suggests that he is not only a Pennsylvania resident who has been defamed but that he was defamed in "his status as a Pennsylvanian" as he was so identified. The articles in question do note that plaintiff was indicted in Pennsylvania and along with family members resides in the Lehigh Valley. The author also notes that plaintiff has family in Oregon and Antigua.
The author, however, clearly focused on plaintiff as a figure in "the offshore gaming scene," describing him as "the super heavyweight of offshore and ahem, onshore gambling. The courts in Virginia would clearly have general personal jurisdiction over this defendant. Plaintiffs must have appreciated this as English Sports Information Ltd. Weitzner and prescription. The suit was settled after Mr. Weitzner asserted a counterclaim for defamation and joined plaintiff Atiyeh as a third-party defendant.
As memorialized by the Court in its order of November 8, , in settling that case "the parties have agreed to enter into cross-injunctions which prohibit any of them from commenting in any way about each other. Weitzner, directly and in the operation of www.
For whatever reason, plaintiffs elected not to proceed in Virginia or to seek relief there pursuant to the injunctive order. A court in New York might also have personal jurisdiction in the circumstances alleged. It appears that defendant engaged a New York resident to author and transmit articles, including the offending articles, for publication. This ongoing commercial relationship may constitute a sufficient minimum contact.
It appears that at defendant's behest, Mr. Tostigan may have facilitated the publication of the offending articles from New York. Plaintiffs' claim against defendant could be viewed as arising from or related to its commercial contact with New York, and defendant might reasonably be expected to have to answer in New York with a New Yorker engaged by it to disseminate a defamatory article from New York.
In any event, this court lacks personal jurisdiction to adjudicate the claim asserted against this defendant. Accordingly, defendant's motion to dismiss will be granted and an appropriate order will be entered. Plaintiffs did not request a transfer to the Eastern District of Virginia, or any other district court which could be shown to have personal jurisdiction and venue to adjudicate the claim against defendant, in lieu of dismissal should the court find that personal jurisdiction was lacking.
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