Virginia Law Update—Web Publication From Another State Does Not Create Personal Jurisdiction In Virginia When Not Intended For Publication In Virginia
The Fourth Circuit has issued a significant decision in the growing body of law governing claims of personal jurisdiction over non residents based on their internet publications. In this case, the Court held that a Connecticut company could not constitutionally be subject to the jurisdiction of Virginia courts because the internet publication was not manifestly intended for a Virginia audience. In Young v. New Haven Advocate, No. 01-2340 (Dec. 13,2002), a Virginia plaintiff sued a Connecticut newspaper for an allegedly defamatory statement. The statement was contained in a news article that the paper placed in its website and that was accessible in Virginia. The court held that the traditional due process standard requires a showing that the defendant “purposely availed” itself of the forum state, and that it did so in a substantial manner. The court said that “something more than posting and accessibility is needed to indicate that the newspaper purposely directed their activity in a substantial way to the forum state. The newspaper must, through the internet postings, manifest an intent to target and focus on Virginia readers.”
Under the rational of the Young decision, however, a traditional e-commerce retailer that seeks customers through its internet site would probably be subject to the jurisdiction of the consumer’s home state because such “e-tailers” do indeed necessarily target their sales activities to each state where their sites are accessible, as manifest by their acceptance of orders in those states. Therefore, the Young decision helps to clarify both when jurisdiction is present and when it is absent.