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Civil Procedure Keyed to Cross
Epstein v. Gray Television, Inc
Facts
Benn, is a Georgia resident and was a reporter for Gray Television, Inc. and Gray Television Group, Inc., GTG. Benn reported a story on multiple malpractice lawsuits in South Carolina against Epstein, Plaintiff. Plaintiff moved to Texas for employment at a Veterans Administration Hospital. For the report, Benn did the majority of her investigation in Georgia and South Carolina, however, she interviewed Epstein by phone in Texas. Additionally, Benn investigated Texas laws and looked for reports against Plaintiff with the Texas Medical Board. Benn presented her investigation to the Veteran’s Administration. GTG placed Benn’s report in both South Carolina and Georgia, as well as on its website. Also, Benn gave the report to an affiliate station in Texas, but the affiliate station did not run it. Plaintiff brought suit against Benn and GTG for libel under diversity jurisdiction in Texas federal court. Benn motioned to dismiss the case for a lack of personal jurisdiction on the grounds that Benn did not have sufficient contacts with Texas to establish personal jurisdiction.
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