M.D.N.C. Denies Personal Jurisdiction in Internet Libel Case

The court in Burleson v. Toback, --- F.Supp.2d ----, 2005 WL 2427905 (M.D.N.C. Sept. 30, 2005), has held that defendants alleged to have libeled a forum resident through Internet postings to a website are not subject to personal jurisdiction in the plaintiff's state of residence for a suit on the alleged libel. The decision is in line with Fourth Circuit precedent (Young v. New Haven Advocate, 315 F.3d 256, 258-59 (4th Cir.2002); ALS Scan. Inc. v. Digital Serv. Consultants, Inc., 293 F.3d 707 (4th Cir.2002)) that holds that websites must be targeted toward forum residents before they can serve as the basis for personal jurisdiciton under the Due Process Clause. Passive websites, not targeted toward the forum state will not support jurisdiction, notwithstanding their delivery of defamatory comments regarding forum residents into the forum.

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