Civil Procedure Keyed to Friedenthal
Bellino v. Simon
The plaintiff, a California resident, through his business, Forensic Document Services, sold two autographed baseballs to Christopher Aubert, a resident of Louisiana. Aubert attempted to learn more about the baseballs by visiting the Richard Simon Sports website on the Internet. Said website was maintained by defendant Simon, a New York resident. Aubert initiated contact with Simon by completing a visitor form on the website. Simon responded, and the two men exchanged several emails. Aubert then invited Simon to call him regarding the baseballs, and Simon called. During their conversation, Simon allegedly made several defamatory statements about the plaintiff. The two continued to exchange emails, and several from Simon contained additional defamatory remarks about the plaintiff. On Simon’s recommendation, Aubert consulted defendant Spence, a Pennsylvania resident, regarding authentication of the baseballs. Spence allegedly defamed the plaintiff during that phone call. The pla intiff thereafter initiated this suit for defamation, and both defendants moved for dismissal for lack of personal jurisdiction.
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