Giannetta v. Johnson

Background

Alice Lee Giannetta, a self-represented plaintiff, brought claims against Tana Johnson for libel per se, meaning written defamation, and tortious interference with prospective economic advantage. Giannetta alleged that Johnson, who held the title of Vice President of Mrs. World, Inc. and worked as a part-time independent contractor, sent a press release to Mrs. World employees, business associates, and others.

The press release allegedly stated that Giannetta had been removed from Mrs. World, had lied to an organizing committee, had misappropriated revenues, and was a “liar and a thief.” Giannetta also alleged that Johnson sent the release to business contacts involved in a proposed Mrs. World pageant in Sri Lanka and to a New York pageant director. Giannetta claimed that these communications harmed her reputation and business relationships.

Johnson submitted that she lived in Montana and had never lived, owned property, visited, or done business in New York. She also disputed Giannetta’s description of her work for Mrs. World, Inc.

Motion and governing standards

Johnson moved to dismiss under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction. Personal jurisdiction is the court’s authority over a particular defendant. Because the court relied on the pleadings and written submissions without holding a full evidentiary hearing, Giannetta needed to make a preliminary showing that jurisdiction existed. The court was required to view factual disputes in her favor but did not have to accept unsupported legal conclusions.

The court considered whether New York law provided a statutory basis for jurisdiction and whether exercising jurisdiction would comply with constitutional due-process requirements. The court analyzed both general jurisdiction, which can apply when a defendant’s connections with New York are sufficiently continuous and systematic, and specific jurisdiction, which requires a connection between the defendant’s New York activities and the claims.

General jurisdiction

The court held that Johnson was not subject to general jurisdiction in New York. Johnson was not domiciled or physically present there and did not own property there. Even assuming Giannetta’s allegations that Johnson recruited contestants and communicated with people connected to New York pageants, those activities were alleged to have occurred on behalf of Mrs. World, Inc., rather than in Johnson’s individual capacity. Under the New York rule governing general jurisdiction over individuals, those corporate activities did not establish that Johnson was doing business in New York as an individual.

Specific jurisdiction

The court held that Giannetta also failed to establish specific jurisdiction. Although Giannetta characterized her tortious-interference claim as separate from defamation, the court concluded that both claims arose from the same allegedly defamatory press release. Under New York law, a plaintiff cannot avoid the restrictions applicable to defamation jurisdiction simply by labeling the claim as another tort. The court therefore applied the defamation-specific jurisdiction rules to both claims.

For defamation claims, the court explained that sending or publishing an allegedly defamatory statement into New York, without more, generally does not establish jurisdiction under New York’s business-transaction provision. The defendant must have engaged in a business transaction in New York that has an articulable connection to the claim.

The court assumed for purposes of its analysis that Johnson recruited contestants in New York and regularly communicated with New York pageant personnel. It nevertheless found those activities insufficient because Giannetta’s claims did not arise from those alleged business activities. The court also found that Johnson’s Facebook posting did not involve an alleged business transaction, and that sending the press release directly to a person in New York, without additional relevant activity in the state, was insufficient.

Because the court found no statutory basis for specific jurisdiction under New York law, it did not decide whether exercising jurisdiction would satisfy constitutional due process.

Disposition

Judge Engelmayer granted Johnson’s motion to dismiss without prejudice. The Clerk was directed to terminate the motion and close the case. The ruling addressed only personal jurisdiction and did not decide the merits of Giannetta’s libel or tortious-interference claims.