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Home > Best Van Lines v. Walker

Best Van Lines v. Walker [1]

Submitted by DMLP Staff on Wed, 12/05/2007 - 22:19

Summary

Threat Type: 

Lawsuit

Date: 

08/29/2003

Status: 

Concluded

Disposition: 

Dismissed (total)

Location: 

New York

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
Best Van Lines sued Tim Walker, an Iowa resident, for defamation in federal District Court in New York. According to an appellate decision in the case, Walker posted comments about Best Van Lines on his website, MovingScam.com, asserting that the... read full description
Parties

Party Issuing Legal Threat: 

Best Van Lines, Inc.

Party Receiving Legal Threat: 

Tim Walker

Type of Party: 

Large Organization

Type of Party: 

Individual

Location of Party: 

  • New York

Location of Party: 

  • Iowa

Legal Counsel: 

Thomas Freedman

Legal Counsel: 

Slade Metcalf (Amicus curiae)
Description

Best Van Lines sued Tim Walker, an Iowa resident, for defamation in federal District Court in New York. According to an appellate decision in the case, Walker posted comments about Best Van Lines on his website, MovingScam.com [2], asserting that the company operated without the required insurance and was performing household moves without legal authorization.

Walker moved to dismiss the lawsuit on jurisdictional grounds. The district court granted the motion, reasoning that New York's "long-arm" statute did not give the court jurisdiction over Walker. Best Van Lines appealed, and the Second Circuit affirmed, ruling that Walker's web postings were insufficient to establish that he "transacted business" in New York or "purposely availed" himself of the privilege of conducting activities in New York.

This is considered a landmark case concerning internet-based jurisdiction.

Related Links: 

Law.com: Mover Fails to Prove Jurisdiction in Suit Over Internet Site [3]

Hogan & Hartson: Court of Appeals Agrees With Hogan & Hartson to Limit Courts' Jurisdiction Over Internet Publication in Libel Case [4]

BizBlast: New York "Long Arm" Falls Short for Alleged Defamation [5]

The PR Lawyer (Blog): Can you be sued for opinions in your blog? [6]

 

 

Details

Web Site(s) Involved: 

Moving Scam.com [2]

Content Type: 

  • Text

Publication Medium: 

Forum

Subject Area: 

  • Defamation
  • Personal Jurisdiction
Court Information & Documents

Jurisdiction: 

  • New York

Source of Law: 

  • New York

Court Name: 

United States District Court for the Southern District of New York; United States Court of Appeals for the Second Circuit

Court Type: 

Federal

Case Number: 

1:03CV06585 (district court); 04-3924-CV (appeal)

Relevant Documents: 

PDF icon best van lines court of appeals decision.pdf [7]

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Source URL (modified on 08/20/2014 - 11:03pm): https://www.dmlp.org/threats/best-van-lines-v-walker

Links
[1] https://www.dmlp.org/threats/best-van-lines-v-walker
[2] http://www.movingscam.com
[3] http://www.law.com/jsp/article.jsp?id=1183021584799#
[4] http://www.hhlaw.com/newsstand/detail.aspx?news=803
[5] http://www.eriksherman.com/bizblast/2007_06_01_archive.html
[6] http://www.theprlawyer.com/2007/07/can-you-be-sued-for-opinions-in-your.html
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/best%20van%20lines%20court%20of%20appeals%20decision.pdf