Legal Question in Technology Law in Virginia
Internet Harassment
I buy & sell on the well known internet sites. A vendictive competitor is harassing me thru the internet site. She has contacted other users & urged them not to do business with me & she has used my first name in a deragatory manner in her user id. I am in VA & she is in Florida. Would it be best for me to hire a lawyer in Florida or should I take it to a Federal court since it is between state borders? Any suggestions would be appreciated. Thanks.
3 Answers from Attorneys
Re: Internet Harassment
You should likely bring your action for alleged defamation in the jurisdiction and particular venue which would be most hospitable to the admission of whatever proof you may have to offer for the matter at trial. This could be Florida or Virginia (more probable the former),and, if the forum were federal court, the laws of that particular state in which the federal court was located would control since defamation is normally a state law cause of action and the particular federal court hearing the matter would be required to apply the relevant state law to the case in accord with the famous Erie v. Tompkins federal case decision from the 1930's.
Re: Internet Harassment
Instead of rushing to court why don't you try your other options? First, I would contact the auction sites your competitor is using in making her false statements. Many of them have online complaint procedures. In addition, the terms of your license agreement with the auction sites frequently have arbitration clauses and choice of jurisdiction clauses.
Obviously, it would be best to hire a business lawyer to help you if this is economically worth it.
I hope it helps!
Ron Cappuccio
http://www.virtualex.com
Re: Internet Harassment
You aren't going to be able to get into federal court on this one, nor do you really want to (much more expensive). I can refer you to a good FL attorney if you want. Best wishes,
LDWG