Legal Question in Civil Litigation in New York

Re: Where for Inter-State Defamation?

Either state is fine - but filing the suit here in New York would afford several advantages to Company A, the victim. Assuming the damages are in excess of $75,000, federal jurisdiction is probably available, which will tend to speed the case - but there are some considerations which would argue for a state court filing as well.

If you'd like to discuss the matter in detail, please feel free to get in touch. I've handled numerous defamation cases, several of them involving internet postings, and would be happy to discuss the issues with you.

Re: Where for Inter-State Defamation?

Generally the plaintiff sues in Federal Court near his own home, (called the "forum State") if the defendant is a large corporation with significant involvement in interstate commerce and

has sufficient contact with the forum state.

There have been cases decided by the Second Circuit Court of Appeals

holding foreign corporations that do business on the internet subject to the jurisdiction of the district courts in New York. That is personal jurisdiction

and the Federal Courts apply State law on personal jurisdiction, in this case CPLR 302 New York's longarm statute.

This is not to say that you could not bring the action in State Court in New York as well; the problem arises mainly

when the defendant has no office outside of the other State (Texas in your example) and only does business close to home.

The nature of the internet resolves that problem.