How do I file a libel suit for things published about me online?

Asked 10 months ago - Scottsdale, AZ

I'm in Scottsdale Arizona, but the person publishing the misinformation is in another state, possibly Texas? I'd like to know if there is any advantage to filing in one state over another, or if that is even an option.

Attorney answers (4)

  1. Edward C. Hopkins Jr.

    Pro

    Contributor Level 11

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    Answered . Good answers to your questions will require a personal jurisdiction legal analysis. Contact a defamation attorney. After gathering more information about your case, he or she can explain whether relevant personal jurisdiction law will enable you to litigate your lawsuit in Arizona rather than in the state where the person publishing defamatory falsehoods about you lives. If you cannot afford to hire an attorney to advise you, review the following appellate opinions using Google Scholar.

    Calder v. Jones, 465 U.S. 783 (1984)
    Keeton v. Hustler Magazine, Inc., 465 U.S. 770, 776 (1984)
    Int’l Shoe Co. v. Wash., 326 U.S. 310 (1945)
    Planning Group of Scottsdale v. Lake Mathews Mineral Props., Ltd., 226 Ariz. 262, 266, 246 P.3d 343, 346 (2011)
    Batton v. Tennessee Farmers Mut. Ins. Co., 153 Ariz. 268, 273-274, 736 P.2d 2, 7-8 (1987)

    You could also visit a good library to review chapters 12 and 13 of Rodney Smolla's treatise, Law of Defamation, 2d.

  2. C. Andrew Campbell

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    Contributor Level 15

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    Answered . There are going to be personal jurisdiction issues that need to be addressed in determining where you can file suit. In addition, there may be other issues that need to be addressed as to which venue (if more than one is appropriate) gives you the better playing field for your suit. You need to consult an attorney with experience in the area.

    This information is provided for general informational purposes and is not intended as legal advice. An attorney... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Know that defamation lawyers typically want a $5000.00 retainer just to begin work, and unless you've sustained a significant monetary loss, the costs could exceed the recovery.

  4. Charles William Hinnant III

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Mr. Hopkins is correct that this issue is a personal jurisdiction issue that needs to be discussed with a qualified civil litigator in AZ. The case law in this area is voluminous and constantly growing. As a result, you need to speak with a qualified attorney knowledgeable in the areas of internet related litigation and jurisdictional issues.

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