DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
092601P.pdf 08/04/2010 Susan Johnson v. Elizabeth Arden
U.S. Court of Appeals Case No: 09-2601
U.S. District Court for the Western District of Missouri - St. Joseph
[PUBLISHED] [Smith, Author, with Riley, Chief Judge, and Shepherd,
Circuit Judge]
Civil case - Torts. Under the Communications Decency Act of 1996, an
ISP which hosted a complaint board on which an allegedly defamatory
posting was made was not legally responsible for information created and
posted by a third party, and the district court did not err in finding the
ISP was immune from this state tort defamation action; district court did not
err in dismissing action against defendant Heineman, a Colorado resident,
for lack of personal jurisdiction as she did not have the kind of
continuous and systematic contacts with Missouri necessary to support
general jurisdiction; nor did her action in making an internet posting from
Colorado allegedly defaming plaintiffs, which included the name
"Missouri" in its factual assertions, create the type of substantial
connection between Heineman and Missouri required to confer specific
personal jurisdiction; Heineman did not have sufficient minimum
contacts with Missouri to support a Lanham Act claim against her, and
the district court did not err in dismissing that claim for lack of personal
jurisdiction; a similar analysis applied to defendant Lowry; district court
did not abuse its discretion by setting aside a default judgment against
Lowry.