The judgment of the Court of Appeals is reversed, 13 and the cause is remanded for proceedings consistent with this opinion. Hustler argued that New Hampshire did not have jurisdiction to hear the case. Plaintiff's contacts are even fewer, consisting of her name on the masthead of, at most, three magazines. Her only connection with New Hampshire is the circulation there of copies of a magazine that she assists in producing. Courses Learn more about courses Browse all courses. Because the Court of Appeals concluded that jurisdiction could not be had even against Hustler Magazine, Inc.
Keeton v. Hustler Magazine, Inc.
And, since respondent can be charged with knowledge of the "single publication rule," it must anticipate that such a suit will seek nationwide damages. False statements of fact harm both the subject of the falsehood and the readers of the statement. The contacts between respondent and the forum must be judged in the light of that claim, rather than a claim only for damages sustained in New Hampshire. Her libel claim, however, was dismissed as barred by the Ohio statute of limitations, and her invasion of privacy claim was dismissed as barred by the New York statute of limitations, which the Ohio court considered to be "migratory. Written in plain English - not in legalese and not just repeating the court's language. Hustler removed Keeton's Article 54 proceeding from state supreme court to the United States District Court for the Southern District of New York, where its requests to enjoin enforcement of and to set aside the judgment, as well as for an interim stay of execution of the judgment, were denied.
KEETON v. HUSTLER MAGAZINE, INC. | FindLaw
However, key differences between the cases were that Calder involved a plaintiff suing in her state of residence and she was suing the author and editor involved in the piece in addition to the newspaper itself, while Keeton involved a plaintiff suing only the magazine itself. New Hampshire may also extend its concern to the injury that in-state libel causes within New Hampshire to a nonresident. It does not of course follow from the fact that jurisdiction may be asserted over Hustler Magazine, Inc. The victim of a libel, like the victim of any other tort, may choose to bring suit in any forum with which the defendant has "certain minimum contacts.
Keeton v. Hustler
Description: Petitioner's successful search for a State with a lengthy statute of limitations is no different from the litigation strategy of countless plaintiffs who seek a forum with favorable substantive or procedural rules or sympathetic local populations. This interest extends to libel actions brought by nonresidents. After its post-trial motions for judgment notwithstanding the verdict and for a new trial were denied, Hustler appealed to the United States Court of Appeals for the First Circuit. Jurisdiction was based solely on the fact that the defendant corporation had been carrying on in the forum "a continuous and systematic, but limited, part of its general business. Email Print Comments 0.