170 So. 3d 454
Miss.2015Background
- 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)
