McIntosh v. Gilley
753 F. Supp. 2d 46
D.D.C.2010Background
- McIntosh sues Gilleys and relatives under diversity jurisdiction over alleged AKG Photography partnership.
- McIntosh seeks unjust enrichment against Amanda Gilley and libel damages against her parents for a defamatory email to his Navy superior.
- Alleged AKG assets, investments, home-office condominium, and profits are at issue; Amanda allegedly moved AKG assets to Jeff & Kristin’s home.
- Complaint mixes libel, unjust enrichment, and partnership theories; several motions to dismiss were filed by defendants and discovery remains contested.
- Court grants dismissal of claims against Jeff & Kristin, dismisses for lack of personal jurisdiction against David & Linda Gilley, and dismisses for lack of subject matter jurisdiction as to Amanda; sanctions motions denied.
- Court analyzes sanctions under 28 U.S.C. § 1927 but denies sanctions against all parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction over D. & L. Gilley | McIntosh asserts long-arm basis. | Gilleys lack contacts with DC. | D. & L. Gilley granted for lack of jurisdiction. |
| Subject-matter jurisdiction over Amanda Gilley | Amount in controversy exceeds $75,000. | Actual amount under unjust enrichment < $75,000. | Amanda's motion to dismiss granted; jurisdiction lacking. |
| Liability of Jeff & Kristin Gilley under Rule 12(b)(6) | Defendants hindered AKG participation. | No claim stated against them. | Motion to dismiss granted. |
| Sanctions under 28 U.S.C. § 1927 | Defendants acted vexatiously; sanctions warranted. | No frivolous conduct proven; not warranted. | Sanctions motions denied by court. |
Key Cases Cited
- St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283 (U.S. 1938) (jurisdictional amount must be proven to a legal certainty otherwise dismissal)
- Moms Against Mercury v. FDA, 483 F.3d 824 (D.C.Cir. 2007) (burden to show subject-mmatter jurisdiction; general standard for 12(b)(1))
- GTE New Media Servs., Inc. v. BellSouth Corp., 199 F.3d 1343 (D.C.Cir. 2000) (need for specific connections to forum for long-arm jurisdiction)
- Moncrief v. Lexington Herald-Leader Co., 807 F.2d 217 (D.C.Cir. 1986) (libel act-focused analysis of 'act' in a libel claim under long-arm)