Re: Re[2]: [ga] WIPO Arbitrators Stern In Domain 'Hijacking' Rulings

["John Berryhill Ph.D. J.D." <john@johnberryhill.com>]

From: "Roeland Meyer" <rmeyer@mhsc.com>

> |> No.  Not at all.  Not if you can help it.  And, to win on an
> |> argument of "no jurisdiction", one is still going to have
> |> to show up and argue that point.
>
> This is under US Civil Law?

Absolutely, Roeland.  Each state has a "long arm" statute which, in general,
provides a basis for you to sue someone who resides out of state, if you
allege that they have caused injury to you, the plaintiff, in the state where
you reside.

Let's say you post something defamatory about me here on this list.   I am
not going to trek out to wherever you are in order to sue you.  I am going to
sue you right here in Delaware, because I am in Delaware and you have injured
me here.  If you don't show up to challenge either jurisdiction or the
substance of the suit, then I am going to win.

My next step will be to obtain enforcement of the judgment against you.  If
you do not cooperate, then I will have the judgment transferred to the courts
of your jurisdiction.  At that time, you have the option of challenging, in
your court, the adequacy of the jurisdiction of the Delaware court.  However,
if you lose, then I am going to seize your property and/or garnish your
wages, and you will be deemed to have waived your opportunity to challenge
the substantive matter of the suit, because you never showed up in Delaware
to do so.


--
This message was passed to you via the ga-full@dnso.org list.
Send mail to majordomo@dnso.org to unsubscribe
("unsubscribe ga-full" in the body of the message).
Archives at http://www.dnso.org/archives.html