766 F. Supp. 2d 828
E.D. Ky.2011Background
- Dirty World, LLC operates the dirty.com from Arizona, inviting user postings and hosting comments with moderator responses.
- Plaintiff Sarah Jones is a Kentucky resident, a high school teacher, and a Cincinnati Bengals cheerleader, who alleges defamation-related harms from the site.
- Two postings alleged to be defamatory were made in late 2009, which Jones asked to be removed but were not removed.
- Jones filed suit in December 2009; the Second Amended Complaint was filed August 31, 2010, asserting defamation, libel per se, false light, and IIED.
- The court entered default judgment against a related defendant, Dirty World Entertainment Recordings, LLC, for $11 million in August 2010, prompting ongoing proceedings against Dirty World, LLC and others.
- The court held oral argument on January 5, 2011, and subsequently denied some motions while allowing discovery to proceed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has personal jurisdiction over Dirty World, LLC | Dirty World purposefully availed itself via the interactive site affecting Kentucky residents. | The site is global and passive; no targeted conduct toward Kentucky. | Yes; jurisdiction proper under due process and the Zippo-Neogen framework. |
| Whether the defendants’ activities justify jurisdiction under the effects test | Defendants knew or should have known Kentucky would suffer the harm. | No intent to Kentucky; cannot be hauled into court there merely for online posts. | Yes; the effects in Kentucky support jurisdiction consistent with Calder/Keeton. |
| Whether CDA immunity bars jurisdictional consideration or requires summary-judgment treatment | CDA does not immunize the site from liability in this context. | CDA provides immunity so long as the site does not knowingly host or solicit unlawful content. | Discovery allowed to address CDA issues; CDA defense treated as potential summary judgment later. |
Key Cases Cited
- CompuServe, Inc. v. Patterson, 89 F.3d 1257 (6th Cir. 1996) (three-part standard for specific personal jurisdiction in internet contexts)
- Keeton v. Hustler Magazine, Inc., 465 U.S. 770 (U.S. 1984) (single publication rule and forum-state interest in libel disputes)
- Calder v. Jones, 465 U.S. 783 (U.S. 1984) (effects test; focus of harms in forum state justify jurisdiction)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S. 1985) (purposeful availment and reasonable jurisdiction in internet-era conduct)
- Neogen Corp. v. Neo Gen Screening, Inc., 282 F.3d 883 (6th Cir. 2002) (Zippo-Neogen framework for analyzing interactive websites for jurisdiction)
- Air Products & Chemicals, Inc. v. Safetech Int'l, Inc., 503 F.3d 544 (6th Cir. 2007) (due process in interstate fraudulent conveyance context; jurisdictional principles aligned)
- Reynolds v. Intl. Amateur Athletic Fed'n, 23 F.3d 1110 (6th Cir. 1994) (analyzes scope of jurisdiction in international activities with local impact)
- Neal v. Janssen, 270 F.3d 328 (6th Cir. 2001) (examples of out-of-state conduct causing forum-state harm)