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A Nice Test of the Calder “Exception” to McIntyre v. Nicastro

Dave Hoffman

Dave Hoffman is the Murray Shusterman Professor of Transactional and Business Law at Temple Law School. He specializes in law and psychology, contracts, and quantitative analysis of civil procedure. He currently teaches contracts, civil procedure, corporations, and law and economics.

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1 Response

  1. CBR says:

    I have an article coming out in the UC Davis Law Review next month that argues there should not be jurisdiction in such cases (“The Inextricable Merits Problem in Personal Jurisdiction,” available here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1952892). Essentially, if PJ depends on the commission of an intentional tort, then there is no way to determine jurisdiction without reaching the merits of the underlying case. I don’t think the internet context of the alleged libel is dispositive, but I do think it makes a difference in terms of assumptions about relative litigation resources–many of the latest internet libel cases involve plaintiff corporations suing individual consumers who criticize their products online.