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U.S. District Court
Where three out-of-state defendants have moved to dismiss a defamation complaint, that motion should be allowed because the plaintiff has not sufficiently alleged that any of defendants’ purportedly tortious statements “were expressly aimed at” Massachusetts.
“This is a defamation case involving accusations that a college basketball coach sexually assaulted another college employee. Plaintiff Walter McCarty was previously employed as the head basketball coach at the University of Evansville in Indiana. During his time there, he allegedly had sexual contact with an athletic trainer for the basketball team, identified as Jane Doe. Doe later brought a lawsuit against the university based on alleged sexual misconduct by McCarty. According to the complaint, Jane Doe, Michelle Tuegel (her attorney), and the university made statements in connection with that lawsuit that defamed McCarty and constituted an invasion of his privacy.
“Defendants have moved to dismiss the complaint for lack of personal jurisdiction, improper venue, and failure to state a claim upon which relief can be granted. For the following reasons, the motions will be granted on the ground that personal jurisdiction is lacking. …
“Unlike the situation in Calder [v. Jones, 465 U.S. 783 (1984)], plaintiff here has not sufficiently alleged that any of defendants’ purportedly tortious statements ‘were expressly aimed at’ Massachusetts. Calder, 465 U.S. at 789. While Massachusetts may have been the locus of the harm allegedly suffered to plaintiff’s reputation, it was not the ‘focal point … of the story.’ …
“None of the underlying conduct that sparked Doe’s lawsuit against UE occurred in Massachusetts. None of the news stories submitted by plaintiff — either about that conduct or the later litigation — originated in Massachusetts. The lawsuit itself was filed and litigated in Indiana. McCarty’s employment at UE, and his later termination, happened in Indiana. None of defendants’ alleged statements concerned any actions by plaintiff in Massachusetts. The stories did not draw on any Massachusetts sources, or were specifically aimed at a Massachusetts audience. …
“In short, the only specific statements attributed to defendants (1) discuss the lawsuit brought in Indiana, (2) are based on his employment at an Indiana university, and (3) concern alleged conduct that occurred in Indiana. …
“Here, there is no evidence that defendants ‘reached into’ Massachusetts, … or deliberately ‘reached out beyond their [home] state.’ … At most, they made certain statements to reporters in Indiana that were later made available to audiences in all fifty states, including Massachusetts. Because plaintiff appears to be the ‘only link between the defendant[s] and the forum,’ … plaintiff has not satisfied the purposeful-availment requirement.
“In short, Indiana is clearly (and overwhelmingly) the focal point of plaintiff’s allegations, and none of defendants’ alleged conduct evidences a deliberate effort to reach into Massachusetts. There is, therefore, no ground from which to conclude that defendants purposefully availed themselves of the forum, and asserting personal jurisdiction over them under the circumstances would not comply with the requirements of constitutional due process. …
“In sum, defendants do not have ‘minimum contacts’ with Massachusetts ‘such that maintenance of the suit does not offend traditional notions of fair play and substantial justice.’ … Because the claim underlying the litigation only tenuously arises out of, or relates to, defendants’ forum-state activities, and because defendants’ in-state contacts do not represent a purposeful availment of the privilege of conducting activities in the forum state, the exercise of personal jurisdiction over defendants would be inconsistent with the requirements of due process. … Accordingly, defendants’ motions to dismiss under Fed. R. Civ. P. 12(b)(2) will be granted.”
McCarty v. Doe, et al. (Lawyers Weekly No. 02-390-24) (16 pages) (Saylor, C.J.) (Civil Action No. 22-12091) (Aug. 15, 2024).
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