Ed Magedson of ripoffreport.com has claimed a defense that a third party is the owner of the posting. Then how can he claim a court in Arizona where he resides and conducts business has jurisdiction in any legal claims? Would not the proper jurisdiction by the that of the owner or the claimant?
Not New York unless you can show minimum contacts by the offending company with New York. We generally lose on the jurisdiction issue in such instances. A web page is not a minimum contact.
General Practice Lawyer
The answers in this forum can only provide you general information; none can really address the specifics of your case. You should consult with an experienced attorney, licensed in your jurisdiction, about the specific facts and details of the case. A skilled attorney in your jurisdiction will know which questions to ask you about your situation in order to assist you with making an appropriate determination regarding your situation. Once you've met with a local lawyer about your case the case you should be better able to make an informed decision regarding your issue. Many lawyers, in a majority of jurisdictions, provide free initial consultations; see if there are any in your area.
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You have asked a rather complex jurisdictional question. Generally, it takes more than an occasional web or Internet activity in a state such as NY to avail NY courts. With jurisdiction over the out of state party.
Too specific for this forum
Intellectual Property Law Attorney
Q: "Would not the proper jurisdiction by the that of the owner or the claimant?"
R: No. The rule, generally stated, is that a defendant must be sued in a forum where it resides or does its business. So if Ripoffreport.com is sued it must be sued in such a forum. Even if it defends the case by asserting that someone else, somewhere else actually committed the wrongful act.
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.