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Naxos Resources v. Southam

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Citation Edit

Naxos Resources (U.S.A.) Ltd. v. Southam, Inc., 1996 WL 662451 (S.D. Cal. Aug. 16, 1996).

Factual Background Edit

At issue was an allegedly defamatory publication in the Vancouver Sun. One of the plaintiff's arguments was that, because the article was available on the defendant's Web page and via Westlaw and Lexis — all from the State of California mdash; jurisdiction in California was proper.

Trial Court Proceedings Edit

The court followed its earlier holding, which stated that the "mere act of transmitting information through the use of interstate communication facilities is not . . . sufficient to establish [general] jurisdiction over the sender."[1] The court held, however, that jurisdiction might be appropriate if the sender intentionally engaged in conduct calculated to cause injury in the forum state, and the sender knew and intended that the effects of the conduct would be felt in the forum state.

References Edit

  1. Citing California Software, Inc. v. Reliability Research, 631 F. Supp. 1356, 1360 (C.D. Cal. 1986) (full-text).

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