RE: Re[2]: [ga] WIPO Arbitrators Stern In Domain 'Hijacking' Rulings

[Roeland Meyer <rmeyer@mhsc.com>]

Just a point of clarification then, in your hypothetical case;
This means that you can file in some other jurisdiction, removed from either
of us? One where neither party resides?

|> -----Original Message-----
|> From: John Berryhill Ph.D. J.D. [mailto:john@johnberryhill.com]
|> Sent: Monday, October 29, 2001 9:44 AM
|> To: Roeland Meyer; [GA]
|> Subject: Re: Re[2]: [ga] WIPO Arbitrators Stern In Domain 'Hijacking'
|> Rulings
|> 
|> 
|> 
|> From: "Roeland Meyer" <rmeyer@mhsc.com>
|> 
|> > |> No.  Not at all.  Not if you can help it.  And, to win on an
|> > |> argument of "no jurisdiction", one is still going to have
|> > |> to show up and argue that point.
|> >
|> > This is under US Civil Law?
|> 
|> Absolutely, Roeland.  Each state has a "long arm" statute 
|> which, in general,
|> provides a basis for you to sue someone who resides out of 
|> state, if you
|> allege that they have caused injury to you, the plaintiff, 
|> in the state where
|> you reside.
|> 
|> Let's say you post something defamatory about me here on 
|> this list.   I am
|> not going to trek out to wherever you are in order to sue 
|> you.  I am going to
|> sue you right here in Delaware, because I am in Delaware and 
|> you have injured
|> me here.  If you don't show up to challenge either 
|> jurisdiction or the
|> substance of the suit, then I am going to win.
|> 
|> My next step will be to obtain enforcement of the judgment 
|> against you.  If
|> you do not cooperate, then I will have the judgment 
|> transferred to the courts
|> of your jurisdiction.  At that time, you have the option of 
|> challenging, in
|> your court, the adequacy of the jurisdiction of the Delaware 
|> court.  However,
|> if you lose, then I am going to seize your property and/or 
|> garnish your
|> wages, and you will be deemed to have waived your 
|> opportunity to challenge
|> the substantive matter of the suit, because you never showed 
|> up in Delaware
|> to do so.
|> 
|> 
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