Wednesday, February 11, 2009

11th Circuit Certifies Florida Long-Arm Question

In Internet Solutions Corporation v. Marshall, Defendant lived in Washington, where she owned and operated a consumer-watchdogish website.  She posted something about plaintiff, ISC.  ISC sued Defendant in federal court -- in Florida, where ISC had its principal place of business.   Florida's long-arm statute authorizes jurisdiction over a defendant who commits a tortious act "within Florida."  The 11th Circuit first noted that:

The Florida Supreme Court has yet to address whether the posting of information on an out-of-state website about a company with its principal place of business in Florida would meet the statutory requirements for long-arm jurisdiction.

It then certified the question:

Does posting allegedly defamatory stories and comments about a company with its principal place of business in Florida on a non-commercial website owned and operated by a  nonresident with no other connections to Florida constitute commission of a tortious act within Florida for purposes of Fla. Stat. s48.193(1)(b)?

--RR

http://lawprofessors.typepad.com/civpro/2009/02/11th-circuit-ce.html

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