Legal Opinion

Brown v. Flowers Industries, Inc.

Court of Appeals for the Fifth Circuit

Decided September 22, 1982No. 81-4451PublishedCited by 64 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

This suit was dismissed by the district court for want of jurisdiction on the basis that due process would be denied by assuming jurisdiction over a nonresident defendant whose sole contact with the forum state was the making of a single defamatory telephone call to a person in that state. Concluding that, under the facts presented, due process permits invocation of jurisdiction over a nonresident who commits in whole or in part a single tort in a state, we reverse.

I

Seeking the benefit of diversity jurisdiction, 28 U.S.C. § 1332 (1976), which permits a resident…

2Cases cited39 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. World-Wide Volkswagen Corp. v. WoodsonSupreme Court of the United States · 1980
  3. Hanson v. DencklaSupreme Court of the United States · 1958
  4. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  5. Milliken v. MeyerSupreme Court of the United States · 1941

34 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. David H. Stuart and Richard A. Whitaker v. Richard G. SpademanCourt of Appeals for the Fifth Circuit · 1985
  2. Frank Sinatra v. National Enquirer, Inc., and Clinic La Prairie, S.A.Court of Appeals for the Ninth Circuit · 1988
  3. Thompson v. Chrysler Motors Corp.Court of Appeals for the Fifth Circuit · 1985
  4. David Caldwell, Etc. And James C. Harvey v. Palmetto State Savings Bank of South Carolina, Etc., DefendantsCourt of Appeals for the Fifth Circuit · 1987
  5. Jose Demelo and Marie Demelo v. Toche Marine, Inc., Woolsey Marine Industries, Inc.Court of Appeals for the Fifth Circuit · 1983

59 more not listed; retrieve them via the Exa API.

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