What does it take for a company to sue someone in another state
New Haven, CT
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Posted about 1 year ago in Litigation
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What does it take for a company to sue someone in another state ?
I posted a web page for a few days venting my greivance to others in my particular area of interest about a auction house tha sold me bad goods and didn't respond to my complaints . I posted pictures of the item and named the company but made NO false accusations etc..Also discussed the issue on BBS on the internet but also did not make any false accusations . I talked it over with the Pres. but he said he was "damaged" because he got calls from other customers , we left it at that and he didn't hint at any suit . He asked me to remove the page and I complied .but Im still worried . Should I be worried ? - Is this your question? Add additional information Answers (2)Anthony K. Murdock
This attorney is licensed in Wisconsin.
Posted about 1 year ago.
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A company can very easily bring a claim in another state. Alternatively, if you have sufficient contacts with the state that the company is based in, the company could sue you in that state. That being said, your question seems to imply whether you could be held liable for making a grievance known by posting it in public. You'll be pleased to know that as long as everything you have said is true, you cannot be held liable. You have a right to freedom of speach. Just imagine if you couldn't make a negative opinion known, we would have no food critics, movie reviews, etc.. Based on your representations, I beleive the company should be more worried about improving its customer service than suing you.
Patrick Walter Begos
This attorney is licensed in Connecticut and 1 other state.
Posted about 1 year ago.
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I take it that you're in CT and the auction house is in another state.
The answer is more complicated that you might think. It's a Constitutional issue, with the question generally being whether you have sufficient "minimum contacts" with the state where the suit is brought such that it's fair to require you to defend there. These minimum contacts can occur in many ways. For example, it's possible that, in buying the goods at issue, you agreed (possibly without realizing it) that any litigation over the goods would be brought in a particular state. That could lead to questions whether a defamation action is covered by that agreement. Aside from a contract, the next most obvious thing is whether your publication of your web site, which is available in that state, subjects you to jurisdiction. Different states may have different rules on this, but it's pretty well recognized these days that just posting something on a web site doesn't create jurisdiction in any state where the site can be seen. Finally, you might have offices, bank accounts, etc. in that state. There's no indication from your question that you do. In the end, these jurisdictional questions are complex, very fact specific, and can vary state by state. I hope this helps |