REVELL V. LIDOV 317 F.3d 467, 469 (5th Cir. 2002) CASE BRIEF

REVELL V. LIDOV

317 F.3d 467, 469 (5th Cir. 2002).

NATURE OF THE CASE: Revell (P) appealed the dismissal of his defamation law suit against Columbia and G.W. Lidov (Ds) for defamation arising out of Lidov's authorship of an article that he posted on an internet bulletin board hosted by Columbia. The court dismissed P's claims for lack of personal jurisdiction over both Ds.

FACTS: Lidov, an Assistant Professor of Pathology and Neurology at the Harvard Medical School and Children's Hospital, wrote an article on the subject of the terrorist bombing of Pan Am Flight 103, which exploded over Lockerbie, Scotland in 1988. The article alleges that a broad politically motivated conspiracy among senior members of the Reagan Administration lay behind their willful failure to stop the bombing despite clear advance warnings. Lidov charged that the government proceeded to cover up its receipt of advance warning and repeatedly misled the public about the facts. Lidov laid heavy criticism upon P, then Associate Deputy Director of the FBI, accusing him of complicity in the conspiracy and cover-up. Lidov charges that P, knowing about the imminent terrorist attack, made certain his son, previously booked on Pan Am 103, took a different flight. Lidov had never been to Texas, except possibly to change planes, or conducted business there, and was apparently unaware that P then resided in Texas. Lidov posted his article on a website maintained by its School of Journalism at Columbia University. The article could be viewed by members of the public over the internet. P, a resident of Texas, sued the University whose principal offices are in New York City, and Lidov, who is a Massachusetts resident, in the Northern District of Texas. Ds moved to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). The district court granted Ds' motions, and P now appeals.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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