Can I be sued from out-of-state?

[Red96TA]

Can someone sue me from out-of-state? The only thing I've been able to find via a google search was that the plantiff has to file a suit in the same county as the defendant. If that's the case, then someone in say, Missouri can't sue me in California, due to jurisdiction conflicts correct?

Thanks in advance...

[rallynavvie]

This is the United States last I looked, I'm guessing they can sue you from Mars if they were at least an American citizen.

[aanaravs]

Depends if the state has an in-personam jurisdiction and varies on their long arm clause.

[adam]

Are you in some trouble Red96TA? The short answer is that yes you absolutely can be sued in another state.

Like aanaravs said, you can be sued wherever there is jurisdiction assuming it is also a proper venue. Your state of domicile always has general jurisdiction over you so an out of state resident can always sue you in your home state.

If they want to sue you in their state or a 3rd party state they can do so by establishing either specific or general jurisdiction. Specific is when you have a single contact with a state but the cause of action arises directly out of that. So if you drive into Missouri for only 5 mins once in your life and get into a car wreck, you can be sued for the wreck in Missouri but not for anything else. Another way to establish specific jurisdiction is to serve someone with process in that state. So if you have wronged someone in Missouri and you ever go back there, they may be watching you and waiting. Take one step inside the border and all they have to do is hand you those papers and they've gotten jurisdiction over you. You can even serve someone on a plane as it flies over that state, or trick them into entering that state.

Then there is general jurisdiction, this is established if you have pervasive and continual contacts, like if you run a business there or frequently advertise and/or make sales there.

Another thing to consider is that this is for in personam jurisdiction (jurisdiction over your physical person) but there is also something called in rem jurisdiction which is jurisdiction over property. If you own property in another state and it becomes the subject matter of a suit you may have to defend a suit there.

Like aanaravs stated, each state's long arm statute specifies the limits on what you have to show to establish jurisdiction over a non-resident, so it will vary by state. California excersizes the broadest authority allowed under long arm jurisdiction, I know that, but I'd have to check to see what Missouri does. ( I'm assuming these are actual facts and you are a bit scared of being sued?)

Finally there's are some procedural tricks to establish jurisdiction over someone. Basically its like bluffing.

[lordsmurf]

or frequently advertise and/or make sales there.

And I guess this covers online businesses?

[Conquest10]

Am I wrong in assuming this is some sort of copyright infringment problem?

[Red96TA]

So I would be considered to have general jurisdiction if I make frequent ebay sales to Missouri?

Yeah, it's a 'borderline' copyright infringement problem. I contracted a talent to work in one of my videos that I sell on the internet. The talent was taxed with receiving approximately 60 preorders @ $25ea and 6 sponsorships at $100ea. The money was to be used to fly him to California to film the video and we would split the money. Well, when he go here, he said that he didn't have the cash on him (problem number one since it added up to about $1300 and the plane ticket and hotel room was only about $400) I said 'not a problem' since I was the one that was going to make the sales and would set up a tally for him so as I made sales, his amount owed would go down. A few months later (presently) he has sent me a cease and decist letter stating that I wasn't giving him the royalties due to him and stated that if the dvd wasn't pulled off the market in 24 hours (that was 8 hours ago). He has threatened to take legal action, I assume a small claim, against me for royalties due.

I don't want to lose money on sales, but I can't really submit myself to civil action and I'm considering pulling the 2 dvd's off the market for a month until I can gear up and reshoot it with myself as the talent (I'll just use the original dvd's as my reference)

The problem I'm running into is lawyer-speak regarding what my options are. Under general jurisdiction, Missouri's long arm laws may be able to grab me since I make frequent sales to the state despite having never been there. I could claim in-personum and state that I can't make it out there, but if the talent gets the balls to fly out to CA and file a suit here, I could be out for his time off work, plane tickets, etc.

Despite the fact that I have plenty of evidence to either beat him back or force him into a draw....do I really want to be connected to him in any way after this event? Perhaps the best thing to do is to cease sales, refilm the dvd's and never look back.

sigh...

[adam]

No Missouri does not have general jurisdiction over you because of your ebay auctions. You aren't targeting Missouri in any way and that's the test...you have to "purposely avail" yourself of the benefits of that jurisdiciton. If some or even alot of your winning bidders happen to be in Missouri that's still not enough. General jurisdiction is very hard to establish through business contacts unless you have a physical presence in that state.

But Missouri probably has specific jurisdiction over you. You entered into a contract with someone in Missouri and the claim arises directly out of that contract. That's all it takes usually. This will actually depend on the circumstances of your contract and each state's local laws and even if there is jurisdiction in Missouri you've still got a good chance of getting it removed back to California.

Its really not even a big deal for him to sue in California. He wouldn't even have to make the trip there, he could just hire a lawyer over the phone. But if he does travel to California he can't sue you for travel expenses or lost wages from missing work. Other than getting attorney's fees in certain cases, you can never get your money back for expenses incurred in bringing or maintaining a suit.

[Red96TA]

Here's an update:

I found out that the talent is advertising for sale my copyrighted material on his own website. I've already contacted a family friend who is an attorney in San Diego and we're sending a cease and desist letter tomorrow.

More than likely, I'll contact his webhost and send them and nastygram too, but how do I find out who's hosting his site?

[canadateck]

Here's an update:

how do I find out who's hosting his site?

http://www.internic.net/whois.html

[thevoelk]

If I wer in your situation, I would get a friend or a relative to order a copy of the video from your talent's website. Just to prove that he is selling your (hopefully copyrighted) work without your permission. Even though he's in the video, I'm guessing it's along the same lines as Jason Statham selling copies himself of The Transporter 2 (not that he is, just for argument's sake). He may change the cease and desist order. I'm not sure if that helps, but if he changes the website, you may have a hard time proving he was selling them online himself, especially if the hoster's logs/backups aren't available to you for some reason.

It's kind of back-stabbing/low move, but he obviously had no problem playing that game with you.

[lordsmurf]

Print the site. Save the pages.
Remember that archive.org and google.com keep caches.

[adam]

Wow this guy is pretty low. He definitely can't sell the video, as if you needed me to tell you that, because its a work for hire. Unless you expressly agree otherwise, you hired him for your work therefore the copyright is owned by you. BTW: thevoelk copyrights are automatic in the US but filing gives you certain additional rights.

If you have not registered this film with the Copyright Office yet then do so immediately, its not expensive at all. It sounds like you didn't put it up for sale until fairly recently, if it hasn't been 3 months yet then you are still within the grace period for filing which means that you can get attorney's fees and statutory damages for his infringement. You can get up to $5,000 for each sale he makes. If he sues you for the allegedly unpaid royalties you can counterclaim for infringement all in the same suit. This should make him more reluctant to sue. I expect your attorney will include this information in your cease and desist notice and hopefully he'll be reasonable.

[MackemX]

what's the DVD about?

[BJ_M]

porn

[Red96TA]

lol...eh...no

[MackemX]

what is it then and are you entering it into the VH movie competition?

[canadateck]

I know.. :P

I would like to buy one some time and try it,But dont have the time right now.

[BJ_M]

[Red96TA]

BJ_M gets the cigar!

I make and distribute instructional dvd's on the internet. I pick up weddings here and there to make up for down time between dvd's. At the moment, I'm working on a dvd series on handwriting analysis.

[canadateck]

I didnt think you wanted to say.I would have said it first

[MackemX]

BJ_M gets the cigar!

I make and distribute instructional dvd's on the internet. I pick up weddings here and there to make up for down time between dvd's. At the moment, I'm working on a dvd series on handwriting analysis.

not interested in handwriting analysis but I'd be interested in any Karma Sutra ones

if you haven't got one I'd be willing to be an actor to create one. I'll also willingly share the prize if we enter it into the VH video competition

p.s. and I wouldn't sue you as I'd act for free

[anitract]

haha I dunno, I'd kind of want to see who my "co-star" would be before offering my services in that one, MackemX. :P

[BJ_M]

[BJ_M]

BJ_M gets the cigar!

I make and distribute instructional dvd's on the internet. I pick up weddings here and there to make up for down time between dvd's. At the moment, I'm working on a dvd series on handwriting analysis.

not interested in handwriting analysis but I'd be interested in any Karma Sutra ones

if you haven't got one I'd be willing to be an actor to create one. I'll also willingly share the prize if we enter it into the VH video competition

p.s. and I wouldn't sue you as I'd act for free

you don't bend enough except maybe in one direction :P :P

[anitract]

@BJ_M - This coming from a 14 y/o. :P

[MackemX]

you don't bend enough except maybe in one direction :P :P

and how do you know that? , you haven't got pictures have you!

I only bend one way which is indeed true but it's 'over backwards' for women as I'm a 'Ladies' man 8) :P

[BJ_M]

@BJ_M - This coming from a 14 y/o. :P

i read a lot