Casano v. WDSU-TV, INC.

• Decision Date: 01 June 1970
• Docket Number: Civ. A. No. 3882.
• Citation: 313 F. Supp. 1130
• Parties: Peter J. CASANO, Plaintiff, v. WDSU-TV, INC., Defendant.
• Court: U.S. District Court — Southern District of Mississippi

313 F. Supp. 1130

Peter J. CASANO, Plaintiff, v. WDSU-TV, INC., Defendant.

Civ. A. No. 3882.

United States District Court, S. D. Mississippi, S. D.

June 1, 1970.

COPYRIGHT MATERIAL OMITTED

Walter J. Phillips, Bay St. Louis, Miss., Frank J. D'Amico, New Orleans, La., for plaintiff.

George Morse, Gulfport, Miss., for defendant.

MEMORANDUM OPINION

NIXON, District Judge.

The plaintiff, Peter J. Casano, filed this action for libel in this Court against the defendant, WDSU-TV, Inc. to recover damages allegedly resulting from its television broadcasts on August 8, and August 13, 1969, emanating from its studios near New Orleans, Louisiana, approximately fifty miles or less from plaintiff's domicile in Pass Christian, Harrison County, Mississippi. The alleged libelous material was transmitted over the defendant's station (Channel 6) into its area of coverage. The plaintiff's domicile was within the area of dominant influence of the defendant's television station, and the telecast complained of was viewed by television audiences in areas within this Court's jurisdiction in the Southern District of Mississippi at the same time that it was viewed by television audiences in the New Orleans, Louisiana and other Louisiana outlying areas.

The broadcasts complained of were concerned essentially with an examination of conduct on the part of the District Attorney of Orleans Parish, Jim Garrison, a public official then seeking renomination on the Democratic ticket. Specifically, plaintiff charges that the defendant inferred that plaintiff was a "racketeer", a "Carlos Marcello-connected attorney" and that he owned property with one Leon Salloum, who was accused of possessing stolen property.

The defendant was served with personal process at its domicile or studio at 520 Royal Street in New Orleans, Louisiana within 100 miles of Biloxi, Mississippi where this action was commenced. In response, WDSU filed a Motion to Dismiss, contending that this Court lacks personal jurisdiction over it. By affidavit in support of its motion, the defendant, through its President, A. Louis Read stated:

(1) It is a corporation organized and existing under the laws of the State of Louisiana and maintains its offices in the City of New Orleans, Louisiana and its transmitter in St. Bernard Parish, Louisiana.

(2) It is engaged in the business of television broadcasting in the State of Louisiana and does not do business nor has it qualified to do business in any other state or jurisdiction.

(3) It leases no office space and maintains no bank accounts or corporate books or records, and does not execute contracts in Mississippi.

(4) None of the officers or directors of WDSU reside in Mississippi nor does it have any mailing address or telephone listing in Mississippi.

(5) It does not pay any taxes in Mississippi, does not purchase supplies and equipment, and has no employees or manager therein.

(6) During the year 1969 it carried commercial announcements for eleven advertisers located on the Gulf Coast area of Mississippi and named these advertisers and their location as well as the name and location of the advertising agency involved. Four of these advertisers are located in Gulfport, Harrison County, Mississippi; one in Biloxi, Harrison County, Mississippi; two in Pass Christian, Harrison County, Mississippi; two in Ocean Springs, Jackson County, Mississippi, and one in Picayune, Pearl River County, Mississippi. Four of the advertising agencies which placed these advertisements are located in Biloxi and Gulfport, Harrison County, Mississippi. All advertisements were subject to the approval of the defendant's Vice President in charge of sales in New Orleans. Three of the Mississippi advertisers, Gulf National Bank of Gulfport, First National Bank of Biloxi and The Port of Gulfport, which is the Mississippi State Port facility, sponsored advertisements that were institutional in character and were carried in connection with programing of WDSU that related specifically to the Mississippi Gulf Coast. All other advertisements were aimed primarily at the New Orleans market, that is, were designed to induce Louisiana residents to avail themselves of the goods or services offered by the advertisements. All payments for advertising on WDSU other than those paid to its national advertising representative, are due and payable in New Orleans, Louisiana.

(7) Other than what may be owing to WDSU from time to time on account of advertising previously carried by it at the behalf of Mississippi advertisers or agencies, the defendant has no property or other assets located within the State of Mississippi.

(8) WDSU has no employees stationed in Mississippi nor does it employ "stringers" for the purpose of reporting on news events therein.

(9) The broadcasts of WDSU referred to in the Complaint filed herein were made in connection with an investigation of the conduct of the District Attorney of Orleans Parish, Louisiana and was a matter of significance primarily to the listening audience in New Orleans, Louisiana and vicinity. Every person mentioned in those broadcasts either resided or maintained an office in Louisiana.

(10) While the broadcast signals of WDSU can be received by a greater number of homes, the American Research Bureau (an independent market survey organization whose findings are heavily relied on by television advertisers) classifies 14,300 television-equipped homes in Mississippi as being within the "area of dominant influence" of New Orleans television stations, as compared with 402,400 such homes in the State of Louisiana, and constitutes less than 3.5% of all television-equipped homes within the area of dominant influence of New Orleans television stations.

(11) Of defendant's total advertising receipts in 1969, less than six tenths of one percent (.6%) was attributable to advertisers located in Mississippi. Less than half of that amount was placed with defendant directly from Mississippi, the remainder having been placed by advertising agencies in Louisiana and Texas.

(12) The plaintiff herein is listed in the yellow pages of the telephone directory for the Greater New Orleans area dated December, 1969 with two office numbers appearing.

On the other hand, by affidavit and supplemental affidavit as well as by his sworn testimony herein, plaintiff declared that:

(a) He was born in Gulfport, Mississippi on October 19, 1935 and is now a resident citizen of Pass Christian, Mississippi, wherein he is a registered voter and has applied for and been granted homestead exemption. He is a member of the Trinity Episcopal Church in Pass Christian and his son has been enrolled in Christ Episcopal School in Bay St. Louis, Hancock County, Mississippi for the past three years.

(b) That he is a licensed practicing attorney in Louisiana and a member of the Louisiana bar but not the Mississippi bar. He is involved in several businesses in Louisiana but none in Mississippi; that fifty percent (50%) of his time is devoted to the practice of law although he owns an interest in two hotels as well as a restaurant and some apartments. Nevertheless, his social activities are basically centered in the State of Mississippi where most of his immediate family live and reside. He does a considerable amount of his work in his home in Pass Christian from which he commutes to New Orleans each day and spends every weekend at home in Pass Christian.

(c) He owns an automobile which he uses for business which bears a Louisiana license tag, and he also has a Louisiana drivers license. His personal automobile has a Mississippi tag and his wife, who usually drives this vehicle, has a Mississippi drivers license.

(d) Plaintiff is a member of several social clubs in the Gulf Coast area, and belongs to only one club in Louisiana, namely, the New Orleans Athletic Club.

(e) That the defendant televises or broadcasts daily into the State of Mississippi, and the broadcasts which form the basis of this action were heard and seen by numerous acquaintances, business associates, relatives and friends of plaintiff, all of whom live and reside in the State of Mississippi.

(f) That the defendant's regular program and schedule are published in the Gulf Coast edition of TV Guide, and The Daily Herald, the principal newspaper published on the Mississippi Gulf Coast and in Harrison County. Each and every television cable company on the Gulf Coast regularly carries the programs of WDSU-TV (Channel 6).

(g) WDSU-TV, Inc. is one of the main television broadcasting stations on the Mississippi Gulf Coast and is frequently seen and heard by large segments of the community in which plaintiff lives and resides.

(h) The programs in question were televised in plaintiff's hometown in the State of Mississippi. He denies that they were of significance primarily to the listening and viewing audience in the New Orleans, Louisiana vicinity.

(i) The State of Mississippi has taken an interest in connection with the activities of the Cosa Nostra and/or Mafia as evidenced by a recent report of Mississippi's Lieutenant Governor Sullivan.

(j) The defendant frequently sends reporters and photographers into the State of Mississippi; also, that in every weather advisory broadcast both daily and nightly, weather reports for the State of Mississippi are given primarily for residents of the Mississippi Gulf Coast.

(k) In many of the broadcasts of the defendant, the States of Mississippi and Louisiana only are referred to as matters of local interest.

(l) The circulation of the defendant's broadcast in the State of Mississippi are substantial, it actively solicits advertising therein, and the purpose and existence of its involvement within the State of Mississippi is to exploit further the Mississippi market for financial gain.

(m) Many of the advertisers on the defendant's Channel 6 particularly solicit residents of the State of Mississippi, and particularly the Mississippi Gulf Coast area, and...