Best Van Lines v. Walker

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Lawsuit

Date: 

08/29/2003

Status: 

Concluded

Location: 

New York

Disposition: 

Dismissed (total)

Verdict or Settlement Amount: 

N/A
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: 

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, 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.

Details

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: