When filing a defamation lawsuit against an individual, you need to select a court that has personal jurisdiction over the defendant. A Virginia court doesn’t necessarily have the authority to adjudicate a case against a resident of another state with no connections to Virginia. To determine whether a court has personal jurisdiction over a particular defendant, look first to Virginia’s “long-arm statute” to see whether any of its provisions apply. (The long-arm statute is so named because it lists the circumstances under which Virginia can extend a “long arm” to grab a resident of another state and hale him into a Virginia courtroom). If the long-arm statute does apply, the court must next ensure that exercising personal jurisdiction over that defendant would not violate the Due Process Clause of the United States Constitution. This generally means that to acquire personal jurisdiction over a non-resident defendant in a defamation case, the defendant must have purposefully directed his defamatory statement to a Virginia audience. Absent such purposeful activity, the court would likely find that haling the person into Virginia would offend “traditional notions of fair play and substantial justice,” and would therefore be unconstitutional.
To determine whether specific jurisdiction exists in a particular case, relevant considerations include:
- the extent to which the defendant purposefully availed himself of the privilege of conducting activities in Virginia;
- whether the plaintiff’s claims arise out of those activities directed at Virginia; and
- whether the exercise of personal jurisdiction would be constitutionally reasonable.