Legal Question in Civil Rights Law in California
My friend is being sued for defamation by a guy who lives in Australia after my friend made some commentary reviews. However the commentary was not aimed at the plaintiff.
Here is what my friend made:
http://thatguywiththeglasses.com/videolinks/linkara/hopr
The plaintiff is not from anyone from the Power Rangers franchise but they're being sued too in a different but similar defamation lawsuit along with a plagiarism lawsuit.
The story from what I am hearing that the plaintiff made blogs against Harry Potter author JK Rowling about plagiarism on the plaintiff's book but other fictional works all have similar ideas such as Power Rangers. The plaintiff is suing my friend for defamation all because he sees my friend's videos as damaging the plaintiff's reputation because my friend points out details of Power Rangers and people seeing these videos as an tool to make people to turn away against the plaintiff's accusations against JK Rowling.
So who is in the right here and can a person can be sued for a defamation without any mention against the plaintiff or anything associated of the plaintiff? Since this is an international lawsuit so how can international lawsuit can work?
3 Answers from Attorneys
Since your friend is not in Australia and has not property in Australia, the courts there have no jurisdiction over him so he can not be successfully sued there. Even if he could, how would they collect any money. For a defamation case, you have to show that it is clear you are being defamed [if not one knows it is you, how can you be defamed].
I'm not yet ready to wade through this entire website. If the case was filed in California, I'd be interested in hearing more.
Your questions and any answers are irrelevant and of no value to your friend. All he needs to know is to hire an attorney to fight the lawsuit. If he could do so effectively himself, he wouldn't be asking questions through you. If he is serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to have him contact me. I can then give him an opinion and advice after learning the actual facts and issues in the case.