Press Releases
Court of Appeals Agrees With Hogan & Hartson to Limit Courts’ Jurisdiction Over Internet Publication in Libel Case
NEW YORK, June 28, 2007 – In an important decision for Web-based speech, the U.S. Court of Appeals for the 2nd Circuit in New York agreed with attorneys from Hogan & Hartson LLP that an out-of-state Web site operator cannot be sued in a New York court based solely on the posting of allegedly libelous material on a Web site.
In the case of
Best Van Lines Inc v. Tim Walker, Mr. Walker, an Iowa resident who runs the Web site
www.movingscam.com, was sued for libel in New York by Best Van Lines. The moving company alleged that it was defamed on Walker’s Web site. A district court judge dismissed the suit, holding that a New York court did not have jurisdiction over Walker.
Best Van Lines appealed that decision to the 2nd Circuit, and the appeals court asked Hogan & Hartson to file a “Friend of the Court” brief on Walker’s behalf because he was unrepresented. In the brief, Hogan & Hartson attorneys wrote that the district court judge was correct in dismissing the original suit because mere publication of content on a Web site that was accessible in New York did not provide a basis for a New York court to exercise jurisdiction over Walker. The 2nd Circuit agreed with Hogan & Hartson’s position and expressed its gratitude for the firm’s pro bono assistance.
Hogan & Hartson attorneys Slade R. Metcalf and Katherine M. Bolger, partners in the firm’s New York office, worked on this matter.
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