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	Comments on: Blurbing of books possibly safe again (or not)	</title>
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		By: VMS		</title>
		<link>https://www.overlawyered.com/2009/03/blurbing-of-books-possibly-safe-again/comment-page-1/#comment-41774</link>

		<dc:creator><![CDATA[VMS]]></dc:creator>
		<pubDate>Wed, 04 Mar 2009 12:17:42 +0000</pubDate>
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					<description><![CDATA[Blurbing of books is not safe again, unless done from a great distance, and even then you can be sued in your home state. Walter, you missed the reason for the dismissal, even though the the title says &quot;on jurisdictional grounds.&quot; The article further says:

&quot;Epstein is now out of the lawsuit. Dallas Judge Carlos Cortez ordered Epstein’s dismissal after Royall failed to show that the Texas court had jurisdiction over the Illinois resident, who has not been to Texas in more than 13 years.&quot;

This means that Epstein cannot be sued in Texas because he lacks the &quot;minimum contacts&quot; with that state for personal jurisdiction to constitutionally attach.

The &quot;long-arm&quot; statutes of many states (I did not research Texas) provides for jurisdiction over tortious acts of non-domicilliaries within the state. Most except defamation causes of action.

New York&#039;s long arm statute, CPLR 302 is follows, and pretty much states the constitutional boundaries of International Shoe as modified by subsequent Supreme Court cases:

    §  302.  Personal  jurisdiction by acts of non-domiciliaries. (a) Acts
  which are the basis of jurisdiction. As to a  cause  of  action  arising
  from  any  of  the acts enumerated in this section, a court may exercise
  personal jurisdiction over  any  non-domiciliary,  or  his  executor  or
  administrator, who in person or through an agent:
    1.  transacts  any  business within the state or contracts anywhere to  supply goods or services in the state; or
    2. commits a tortious act within the state, except as to  a  cause  of
  action for defamation of character arising from the act; or
    3.  commits  a tortious act without the state causing injury to person  or property within the state,  except  as  to  a  cause  of  action  for  defamation of character arising from the act, if he
    (i)  regularly  does  or  solicits  business,  or engages in any other
  persistent course of conduct, or derives substantial revenue from  goods  used or consumed or services rendered, in the state, or
    (ii)  expects or should reasonably expect the act to have consequences  in  the  state  and  derives  substantial  revenue  from  interstate  or  international commerce; or
    4.  owns,  uses  or  possesses  any  real property situated within the
  state.
    (b) Personal jurisdiction over non-resident defendant  in  matrimonial  actions  or  family court proceedings. A court in any matrimonial action  or family court proceeding involving  a  demand  for  support,  alimony,  maintenance,  distributive  awards  or  special  relief  in  matrimonial  actions may  exercise  personal  jurisdiction  over  the  respondent  or  defendant  notwithstanding  the  fact  that  he  or  she  no longer is a  resident or domiciliary of this state, or over his or  her  executor  or  administrator,  if  the  party  seeking  support  is  a  resident  of or  domiciled in this state at the time such demand is made,  provided  that  this  state  was  the  matrimonial  domicile of the parties before their  separation, or the defendant abandoned the plaintiff in this  state,  or  the  claim  for  support,  alimony,  maintenance, distributive awards or  special relief in matrimonial actions accrued under  the  laws  of  this  state or under an agreement executed in this state. The family court may
  exercise  personal  jurisdiction  over  a non-resident respondent to the  extent provided in sections one  hundred  fifty-four  and  one  thousand  thirty-six and article five-B of the family court act and article five-A  of the domestic relations law.
    (c)  Effect of appearance. Where personal jurisdiction is based solely  upon this section, an appearance does not confer such jurisdiction  with  respect  to  causes of action not arising from an act enumerated in this  section.
    (d) Foreign defamation judgment. The courts of this state  shall  have  personal  jurisdiction  over  any  person  who  obtains  a judgment in a  defamation proceeding outside the United States against any  person  who  is  a  resident  of  New  York  or  is  a  person  or entity amenable to  jurisdiction in New York who has assets in New York or may have to  take  actions  in  New  York  to comply with the judgment, for the purposes of  rendering declaratory relief with respect to that person&#039;s liability for  the judgment,  and/or  for  the  purpose  of  determining  whether  said  judgment   should   be   deemed  non-recognizable  pursuant  to  section  fifty-three  hundred  four  of  this  chapter,  to  the  fullest  extent  permitted by the United States constitution, provided:
    1. the publication at issue was published in New York, and
    2.  that  resident  or person amenable to jurisdiction in New York (i)  has assets in New York which  might  be  used  to  satisfy  the  foreign  defamation  judgment,  or  (ii)  may have to take actions in New York to  comply with the foreign defamation  judgment.  The  provisions  of  this  subdivision  shall apply to persons who obtained judgments in defamation  proceedings  outside  the  United  States  prior  to  and/or  after  the  effective date of this subdivision.]]></description>
			<content:encoded><![CDATA[<p>Blurbing of books is not safe again, unless done from a great distance, and even then you can be sued in your home state. Walter, you missed the reason for the dismissal, even though the the title says &#8220;on jurisdictional grounds.&#8221; The article further says:</p>
<p>&#8220;Epstein is now out of the lawsuit. Dallas Judge Carlos Cortez ordered Epstein’s dismissal after Royall failed to show that the Texas court had jurisdiction over the Illinois resident, who has not been to Texas in more than 13 years.&#8221;</p>
<p>This means that Epstein cannot be sued in Texas because he lacks the &#8220;minimum contacts&#8221; with that state for personal jurisdiction to constitutionally attach.</p>
<p>The &#8220;long-arm&#8221; statutes of many states (I did not research Texas) provides for jurisdiction over tortious acts of non-domicilliaries within the state. Most except defamation causes of action.</p>
<p>New York&#8217;s long arm statute, CPLR 302 is follows, and pretty much states the constitutional boundaries of International Shoe as modified by subsequent Supreme Court cases:</p>
<p>    §  302.  Personal  jurisdiction by acts of non-domiciliaries. (a) Acts<br />
  which are the basis of jurisdiction. As to a  cause  of  action  arising<br />
  from  any  of  the acts enumerated in this section, a court may exercise<br />
  personal jurisdiction over  any  non-domiciliary,  or  his  executor  or<br />
  administrator, who in person or through an agent:<br />
    1.  transacts  any  business within the state or contracts anywhere to  supply goods or services in the state; or<br />
    2. commits a tortious act within the state, except as to  a  cause  of<br />
  action for defamation of character arising from the act; or<br />
    3.  commits  a tortious act without the state causing injury to person  or property within the state,  except  as  to  a  cause  of  action  for  defamation of character arising from the act, if he<br />
    (i)  regularly  does  or  solicits  business,  or engages in any other<br />
  persistent course of conduct, or derives substantial revenue from  goods  used or consumed or services rendered, in the state, or<br />
    (ii)  expects or should reasonably expect the act to have consequences  in  the  state  and  derives  substantial  revenue  from  interstate  or  international commerce; or<br />
    4.  owns,  uses  or  possesses  any  real property situated within the<br />
  state.<br />
    (b) Personal jurisdiction over non-resident defendant  in  matrimonial  actions  or  family court proceedings. A court in any matrimonial action  or family court proceeding involving  a  demand  for  support,  alimony,  maintenance,  distributive  awards  or  special  relief  in  matrimonial  actions may  exercise  personal  jurisdiction  over  the  respondent  or  defendant  notwithstanding  the  fact  that  he  or  she  no longer is a  resident or domiciliary of this state, or over his or  her  executor  or  administrator,  if  the  party  seeking  support  is  a  resident  of or  domiciled in this state at the time such demand is made,  provided  that  this  state  was  the  matrimonial  domicile of the parties before their  separation, or the defendant abandoned the plaintiff in this  state,  or  the  claim  for  support,  alimony,  maintenance, distributive awards or  special relief in matrimonial actions accrued under  the  laws  of  this  state or under an agreement executed in this state. The family court may<br />
  exercise  personal  jurisdiction  over  a non-resident respondent to the  extent provided in sections one  hundred  fifty-four  and  one  thousand  thirty-six and article five-B of the family court act and article five-A  of the domestic relations law.<br />
    (c)  Effect of appearance. Where personal jurisdiction is based solely  upon this section, an appearance does not confer such jurisdiction  with  respect  to  causes of action not arising from an act enumerated in this  section.<br />
    (d) Foreign defamation judgment. The courts of this state  shall  have  personal  jurisdiction  over  any  person  who  obtains  a judgment in a  defamation proceeding outside the United States against any  person  who  is  a  resident  of  New  York  or  is  a  person  or entity amenable to  jurisdiction in New York who has assets in New York or may have to  take  actions  in  New  York  to comply with the judgment, for the purposes of  rendering declaratory relief with respect to that person&#8217;s liability for  the judgment,  and/or  for  the  purpose  of  determining  whether  said  judgment   should   be   deemed  non-recognizable  pursuant  to  section  fifty-three  hundred  four  of  this  chapter,  to  the  fullest  extent  permitted by the United States constitution, provided:<br />
    1. the publication at issue was published in New York, and<br />
    2.  that  resident  or person amenable to jurisdiction in New York (i)  has assets in New York which  might  be  used  to  satisfy  the  foreign  defamation  judgment,  or  (ii)  may have to take actions in New York to  comply with the foreign defamation  judgment.  The  provisions  of  this  subdivision  shall apply to persons who obtained judgments in defamation  proceedings  outside  the  United  States  prior  to  and/or  after  the  effective date of this subdivision.</p>
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