This suit was brought against a non-resident of Nevada in Nevada federal district court based on allegedly defamatory remarks the defendant made while at an aircraft industry convention in Nevada. The Ninth Circuit holds that the district court erred in dismissing the case for lack of personal jurisdiction. The “effects test” explicated in Calder v. Jones (1984) 465 U.S. 783 applies to intentional torts that a non-resident commits outside the forum state but which have deleterious effects within the forum state. However, when, as in this case, a non-resident commits an intentional tort within the forum state, Paccar Int’l, Inc. v. Commercial Bank of Kuwait, S.A.K. (9th Cir. 1985) 757 F.2d 1058 applies. It holds that such an intentional tort within the forum state satisfies the first two tests for specific personal jurisdiction: a purposeful direction of his actions toward the forum state, and claim arising from forum-related conduct. The only remaining inquiry is whether the exercise of jurisdiction comports with fair play and substantial justice, which is determined by assessing the seven factors set out in Paccar. Here those factors were insufficient to make the necessary “compelling case” rendering jurisdiction in Nevada unreasonable.
Ninth Circuit Court of Appeals (Nguyen, J.); September 18, 2018; 2018 U.S. App. LEXIS 26388