October 11, 2004

Brain Drain

by PG

I saw a news article about Richard Linklater's former classmates' suing him and Universal Studios for defamation, and all I could think was, "How are these Texas residents claiming New Mexico jurisdiction?"

Oh, Civil Procedure, you have killed my joie de vivre and replaced it with Keeton v. Hustler.

October 11, 2004 05:30 PM | TrackBack

That IS weird. This is a textbook example of forum shopping by the plaintiffs at its worst.

Still, it seems that New Mexico has personal jurisdiction over the plaintiffs because they've voluntarily accepted it. And New Mexico probably has personal jurisdiction over Universal Studios, which presumably does business in the state of New Mexico. So personal jurisdiction may not even be an issue, leaving only subject matter jurisdiction as an issue. And that question depends on New Mexico law, which I'm not familiar with. Generally, though, state courts have much broader subject matter jurisdiction provisions than, say, federal Article III courts.

Posted by: UCL at October 16, 2004 04:49 PM
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