help much appreciated

[MAllenM]

SUBJECT Internet e-commerce jurisdiction

SUPPOSITIONS
1. Mr. Smith owns an e-commerce business ("BSR").
2. BSR sells an information product purchased online and delivered by email.
3. The information product includes opinions about people and businesses ("entities") in State A.
3. BSR is incorporated in State B.
4. Mr. Smith resides in State C.
5. Mr. Smith is concerned about SLAPP suits brought by the entities described in the information product.
6. Mr. Smith understands SLAPP protection is best in states with anti-SLAPP statutes, and accordingly, believes it best to incorporate in an anti-SLAPP state and do business in anti-SLAPP states. He is not sure if it is important that he live in an anti-SLAPP state.

QUESTIONS
1. Can an entity in State A sue BSR in State C court?
2. Other than corporate legal form (considering S, C, LLC, or Benefits), what other issues should Mr. Smith consider, especially regarding SLAPP suits.

 

[LdiJ]

SUBJECT Internet e-commerce jurisdiction

SUPPOSITIONS
1. Mr. Smith owns an e-commerce business ("BSR").
2. BSR sells an information product purchased online and delivered by email.
3. The information product includes opinions about people and businesses ("entities") in State A.
3. BSR is incorporated in State B.
4. Mr. Smith resides in State C.
5. Mr. Smith is concerned about SLAPP suits brought by the entities described in the information product.
6. Mr. Smith understands SLAPP protection is best in states with anti-SLAPP statutes, and accordingly, believes it best to incorporate in an anti-SLAPP state and do business in anti-SLAPP states. He is not sure if it is important that he live in an anti-SLAPP state.

QUESTIONS
1. Can an entity in State A sue BSR in State C court?
2. Other than corporate legal form (considering S, C, LLC, or Benefits), what other issues should Mr. Smith consider, especially regarding SLAPP suits.

We don't do homework.

 

[MAllenM]

Understood. I suspected someone may know the answer -- If I do business in State A and am incorporated in State B, can I be sued in State C because I reside there?

 

[Zigner]

Understood. I suspected someone may know the answer -- If I do business in State A and am incorporated in State B, can I be sued in State C because I reside there?

Yes -

But you didn't ask the right question (homework or not)

 

[tranquility]

See:
http://www.kentlaw.edu/cyberlaw/docs/rfc/usview.html
http://www.cyberspacelaw.org/kesan/kesan1.html
http://www.lawnix.com/cases/personal-jurisdiction.html

 

[MAllenM]

Perhaps the right question is whether a State C court would have personal jurisdiction. It would have subject/matter jurisdiction.

Is the answer still yes, State C could have personal jurisdiction because I reside there, even though the business is incorporated and doing business in states with anti-SLAPP laws?

I live in a state with no anti-SLAPP law.