215 F. Supp. 893 | E.D. La. | 1963
Defendant, New York Times-Company, moves to dismiss the libel suit. filed by E. Ross Buckley for the reason that it is not amenable to service in Louisiana since it is not licensed to do business in Louisiana nor does it do any business in Louisiana. Defendant also-asserts that the cause of action did not arise out of any business activity im which it engaged in Louisiana.
The mere circulation of a periodical through the mails to subscribers and independent distributors constitutes neither doing business nor engaging in a business activity.
Defendant also makes the point that Louisiana adopts the “single publication” rule as to libel and that therefore the cause of action did not arise out of any activity of The Times in Louisiana but rather occurred solely in New York. For this defendant relies on State v. Moore, 140 La. 281, 72 So. 965, and State v. Briwa, 198 La. 970, 5 So.2d 304. Clearly both these cases involve the Louisiana constitutional venue requirement for trial of a crime in the place of its occurrence and the constitutional necessity that a defendant have to respond in only one Parish to the charge. This being the case, it is by no means certain that a rule growing out of a constitutional venue requirement of trial at the place of the crime is necessarily the Louisiana rule controlling the place of the libel with regard to substituted service on a foreign corporation. The recent experience of the Fifth Circuit Court of Appeals in a similar problem in Alabama, see Conner v. New York Times, 5 Cir., 310 F.2d 133; New York Times Company v. Sullivan, 273 Ala. 656, 144 So.2d 25, cert. granted, 371 U.S. 946, 83 S.Ct. 510, 9 L.Ed.2d 496; Connor v. New York Times, 5 Cir., 291 F.2d 492, cautions against going further than necessary to decide the limited issue of jurisdiction. Hence this
. Under Louisiana law, a foreign corporation is amenable to the process of the eourts of Louisiana only if it is qualified to do business in Louisiana, or is required to qualify but has not done so, LSA-C.C.P. Art. 1261, or if although not required to qualify, it has engaged in a business activity in Louisiana, LSA-R.S. 13:3471. Moreover, a corporation, whether it has or has not qualified to do business, and whether it has or has not done any business, or engaged in any business-activity in Louisiana, is amenable to Louisiana process only in an action resulting-
. Street & Smith Publications v. Spikes, 120 F.2d 895, 5 Cir., cert. den. 314 U.S. 653, 62 S.Ct. 102, 86 L.Ed. 524; Insull v. New York World-Telegram Corp., 7 Cir., 273 F.2d 166.
. Whitaker v. McFadden Publications, 70 App.D.C. 165, 105 F.2d 44; Brewster v. Boston Herald Traveler Corp., D.C. Me., 141 F.Supp. 760.