344 S.W.3d 26
Tex. App.2011Background
- Tarr, a past director of the HRC Foundation, sued Stelly for defamation in Texas.
- Stelly, Louisiana resident, filed a special appearance challenging Texas personal jurisdiction.
- Trial court denied the special appearance; Tarr argued Texas could exercise jurisdiction under the long-arm statute.
- Court held Stelly had no minimum contacts with Texas, so no jurisdiction under due process.
- Court concluded specific jurisdiction was not argued and general jurisdiction was not established.
- Therefore, judgment was reversed and case dismissed for lack of personal jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Texas have specific jurisdiction over Stelly? | Tarr contends Stelly's Texas activities relate to defamation. | Stelly argues no purposeful availment and no related contacts. | Not argued; no specific jurisdiction established. |
| Does Texas have general jurisdiction over Stelly? | Tarr asserts continuous and systematic Texas contacts by Stelly. | Stelly contends contacts are not continuous/systematic or sufficient for residence. | General jurisdiction not established. |
| Did Stelly have minimum contacts with Texas under due process? | Tarr alleges contacts via Foundation-related activities in Texas. | Stelly's Texas contacts were limited, random, and not purposeful availment. | Minimum contacts not shown. |
Key Cases Cited
- World-Wide Volkswagen Corp. v. Woodson, 444 S.2d 286 (Supreme Court 1980) (due process limits on in-personam jurisdiction)
- International Shoe Co. v. Washington, 326 U.S. 310 (Supreme Court 1945) (minimum contacts standard)
- Schlobohm v. Schapiro, 784 S.W.2d 355 (Tex. 1990) (framework for Texas long-arm jurisdiction)
- Abbott v. Kelly, 316 S.W.3d 223 (Tex.App.-Texarkana 2010) (long-arm statute and due process analysis)
- Marchand v. Superior Court, 83 S.W.3d 789 (Tex. 2002) (detailed minimum contacts/fair play/fundamental fairness)
- Guardian Royal Exch. Assur., Ltd. v. English China Clays, P.L.C., 815 S.W.2d 223 (Tex. 1991) (effects of forum contacts and fairness)
- Michiana Easy Livin' Country, Inc. v. Holten, 168 S.W.3d 777 (Tex. 2005) (purposeful availment; contacts must be more than fortuitous)
- U-Anchor Adver., Inc. v. Burt, 553 S.W.2d 760 (Tex. 1977) (fiduciary shield considerations)
- Coleman v. Marchand, 83 S.W.3d 806 (Tex. 2002) (specific vs general jurisdiction framework)