Personal Jurisdiction And The Calder Effects Test: Ninth Circuit Sides With Florida Plaintiff In Defamation Suit Against Bishops

• Published date: 21 July 2022
• Law Firm: Venable LLP
• Author: Mr Lee S. Brenner

On June 3, 2022, the Ninth Circuit Court of Appeals held that an Arizona district court erred in dismissing a defamation suit for lack of personal jurisdiction. The suit was brought by an attorney against three Catholic bishops and their respective dioceses located in Pennsylvania, New Jersey, and Ohio. SeeBurri L. PA v. Skurla, No. 21-15271, 2022 WL 1815827 (9th Cir. June 3, 2022).

According to the complaint, Plaintiff alleged that Defendants made defamatory statements about him to individuals in Arizona. Plaintiff alleged that these communications were designed to interfere with a contract that Plaintiff had with the Phoenix Eparchy in Arizona. Defendants also allegedly repeated these defamatory statements about Plaintiff at a meeting with multiple representatives from the Phoenix Eparchy, where they urged the Phoenix Eparchy to drop a prior action that Plaintiff had brought on behalf of the Phoenix Eparchy against Defendants in Arizona. Based on Defendants' conduct and communications, Plaintiff filed a lawsuit against Defendants in Arizona for defamation and tortious interference.

In Arizona, due process requires that non-resident defendants have sufficient "minimum contacts" with Arizona to establish specific personal jurisdiction. See Int'l Shoe Co. v. Washington,326 U.S. 310, 316 (1945) (quoting Milliken v. Meyer, 311 U.S. 457, 463 (1940)). In intentional tort cases, the Ninth Circuit has interpreted the "minimum contacts" inquiry as satisfied when the defendant (1) purposefully directed activities toward the forum state, (2) the plaintiff's...