N.Y.’s Long Arm Misses Site Owner
Posted Jun 29, 2007 12:17 PM CST
By Debra Cassens Weiss
A federal appeals court has ruled New York’s long-arm statute doesn’t reach an Iowa resident who operates a Web site called MovingScam.com.
Best Van Lines alleged the Web site made false and defamatory statements that claimed the company did not have required insurance or legal authorization to operate, the New York Law Journal reports.
Timothy Walker operates the Web site out of his home in Waverly, Iowa.
The 2nd U.S. Circuit Court of Appeals ruled the New York federal court did not have personal jurisdiction over Walker. Posting allegedly defamatory statements about New York businesses on the Internet does not, without more, meet the jurisdictional requirements of the long-arm statute, the court said. Best Van Lines v. Walker, No. 3 Civ. 6585 (PDF).