Monday, April 20, 2015

Shaq, Zippo & Shirley Jones

Earlier this month, U.S. District Judge Avern Cohn of the Eastern District of Michigan granted a Rule 12(b)(2) motion to dismiss in Binion v. O’Neal. The opinion is here.

The movant was defendant Shaquille O’Neal. The plaintiff Jahmel Binion—a Michigan resident—alleged claims for invasion of privacy, intentional infliction of emotional distress, defamation, and general negligence based on posts Shaq had made on Instagram and Twitter that included pictures of Binion. Although the court stated that Shaq’s posts were “highly offensive,” it found after a discussion of Zippo and the “effects test” from Calder v. Jones that jurisdiction in Michigan would not comport with due process.

Here’s the New York Daily News with some background on the incident that gave rise to the lawsuit.

 

 

 

https://lawprofessors.typepad.com/civpro/2015/04/shaq-zippo-shirley-jones.html

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