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170 So. 3d 454
Miss.
2015
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Background

  • Paige Faucheux (plaintiff) sued Francesca Munne Nordness (defendant), a nonresident, in Mississippi for alienation of affections and related torts after Phillip Faucheux’s extramarital affair with Nordness contributed to the marriage’s end.
  • Phillip lived and worked near Memphis, Mississippi; much of the affair occurred in other states (Louisiana, North Carolina, Florida, Nevada, Colorado); Nordness never knowingly communicated with Phillip while he was in Mississippi and never visited Mississippi.
  • Communications between Phillip and Nordness included calls, texts, emails, and occasional FedEx packages (with a Memphis return address). Nordness later moved to North Carolina and then Tennessee.
  • Nordness moved to dismiss for lack of personal jurisdiction. The trial court denied the motion; Nordness obtained interlocutory review.
  • The Mississippi Supreme Court considered whether Mississippi’s long-arm statute could reach Nordness and, if so, whether exercising jurisdiction would satisfy federal due process (minimum contacts / fair play and substantial justice).

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Mississippi's long-arm statute applies to Nordness Paige: tort (alienation) injured in Mississippi, so long-arm reaches a nonresident who caused injury here Nordness: she did not commit acts in Mississippi or purposefully direct activities to Mississippi Court: Long-arm statute language is broad enough (tort committed in Mississippi), but statute alone is not dispositive because of due process limits
Whether exercising specific personal jurisdiction satisfies Fourteenth Amendment due process Paige: Nordness purposefully directed communications at Phillip (a Mississippi resident) and injury occurred in Mississippi; jurisdiction is reasonable Nordness: she lacked purposeful minimum contacts with Mississippi, unaware Phillip lived there, communications were not aimed at Mississippi Court: Reversed — Paige failed to show Nordness purposefully established minimum contacts with Mississippi; due process forbids jurisdiction; dismissal rendered

Key Cases Cited

  • Int’l Shoe Co. v. Washington, 326 U.S. 310 (establishing the minimum-contacts standard for personal jurisdiction)
  • World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (foreseeability of injury in forum alone insufficient for jurisdiction)
  • Burger King Corp. v. Rudzewicz, 471 U.S. 462 (specific jurisdiction requires purposeful availment or purposeful direction such that defendant should expect to be haled into court)
  • Walden v. Fiore, 134 S. Ct. 1115 (specific jurisdiction focuses on defendant’s contacts with the forum state itself, not just with forum residents)
  • Knight v. Woodfield, 50 So.3d 995 (Miss. 2011) (Mississippi precedent finding jurisdiction where nonresident paramour knew partner was a Mississippi resident)
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Case Details

Case Name: Francesca Munne Nordness v. Paige Faucheux
Court Name: Mississippi Supreme Court
Date Published: May 28, 2015
Citations: 170 So. 3d 454; 2015 WL 3544850; 2015 Miss. LEXIS 295; 2013-IA-01479-SCT
Docket Number: 2013-IA-01479-SCT
Court Abbreviation: Miss.
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    Francesca Munne Nordness v. Paige Faucheux, 170 So. 3d 454