jurisdiction question?

Question

Are publishers of magazines liable for those magazines being sold on newsstands? If a british company magazines somehow transfer over to the US can a US federal court excercise jurisdiction. The magazine in question is being brought in a federal cour over property rights. But the company wants to dismiss the case in the US federal due to lack of personal jurisdiction. Which court has the jurisdiction?

an individual brought suit against the British company because of the contents of the magazine. An article she wrote was printed with the magazine. The magazine found itself on US newsstands.

Answer 1

It isn't clear what your question is. A British magazine of which copies are brought to America by a private distributor without permission -- even less by an individual -- is not subject to suit in the USA. Asahi Metal Industries, http://supreme.justia.com/us/480/102/case.html

Do you mean intellectual property rights? English law is quite as protective of these as American law, except that in the USA copyright lasts 90 years and in the EU 75. (In Canada it's 50).

Usually it's the other way 'round; English law of defamation is much stricter and plaintiff-friendly, so when a few copies of a newspaper are sold in Britain, offended celebrities try to sue for millions there. Such a judgment usually can't be enforced in the USA (1st Amendment grounds): http://www.uniset.ca/other/css/585NYS2d661.html

Answer 2

There are two types of juridisdiction. Subject matter jurisdiction defines what cases may be heard. Personal jurisdiction refers to who can be named and bound as a defendant.

Determine subject matter jurisdiction is simple. For state courts, the answer is almost always yes. For federal courts, the case either must involve a federal law or treaty, or it needs to be a large case (over $75K) and between people from different states or different countries. It sounds like the latter might apply here.

Personal jurisdiction refers to who the court has the authority to bind as a defendant. And there are complex tests for determining this, but the most simple explanation is called the "sufficient contacts" test. Did the defendant deliberately engage in business in the US, or intentionally ship the magazine to the US. If so, then the court can generally exercise personal jurisdiction over the company. At least enough to attach any assets it has in the US, or issue orders preventing it from interacting with the US.

So, it all matters what the details are of "somehow transfers over to the US". If there are sufficient contacts, the court might have jurisidiction. But if some third-party did the shipment and the British company never intended the magazines for sale in the US, probably not.

Answer 3

There ok