Coreil v. Pearson

• Decision Date: 28 May 1965
• Docket Number: Civ. A. No. 9629.
• Citation: 242 F. Supp. 802
• Parties: Judith Billeaud COREIL v. Drew PEARSON.
• Court: U.S. District Court — Western District of Louisiana

242 F. Supp. 802

Judith Billeaud COREIL v. Drew PEARSON.

Civ. A. No. 9629.

United States District Court W. D. Louisiana, Opelousas Division.

May 28, 1965.

Fusilier, Pucheu & Soileau, A. Gaynor Soileau, Ville Platte, La., for plaintiff.

John Donovan, Washington, D. C., Jones, Kimball, Harper, Tete & Wetherill, James G. Boyer, Lake Charles, La., for defendant.

PUTNAM, District Judge.

JUDGMENT ON MOTION

This matter is before the Court on defendant's motion to quash the service of summons made upon him and to dismiss plaintiff's suit for lack of jurisdiction rationae personae.

The facts essential to this motion are that plaintiff, a Louisiana citizen, filed a complaint in this Court on July 25, 1963 against defendant Drew Pearson, a resident of the District of Columbia, alleging that she had been damaged by false and libelous statements written by defendant and by him published or caused to be published in two newspapers of general circulation in Louisiana. Copies of the statements as they appeared in published form in the two newspapers are attached to the complaint.

Service was attempted in Washington, D. C., on September 13, 1963 by the Deputy U. S. Marshal but the defendant was out of the country at the time. On September 22, 1964 personal service of the summons and complaint was made upon the defendant in Washington, D. C. by the Deputy U. S. Marshal. In the interim, Louisiana enacted a "long-arm" service of process law, effective July 29, 1964, by which the Louisiana courts were authorized to exercise personal jurisdiction over nonresidents in certain specified instances.

The basis of defendant's motion is that he is not a resident of Louisiana and that there is no Federal or State statute or rule of court which provides for service upon him in such an action as this, outside the territorial limits of Louisiana. He argues that, lacking such statute, this Court cannot acquire the requisite jurisdiction over his person.

That jurisdiction exists pursuant to 28 U.S.C.A. 1332(a) (1) on the ground of diversity of citizenship must be at once recognized. Plaintiff alleges that she is a citizen of Louisiana, defendant admits in the present motion that he is a citizen of the District of Columbia, and the amount in dispute exceeds $10,000.00. The action is founded upon an alleged tortious act of defendant causing damage to petitioner. Our inquiry is whether or not there has been a valid service of process upon defendant by which this Court has obtained jurisdiction over the person.

Plaintiff points to F.R.Civ.P., Rule 4 (e), 28 U.S.C.A., and the Louisiana statute mentioned above, Act No. 47 of 1964, LSA-R.S. 13:3201 et seq., to maintain her suit. The question for decision then is threefold: (1) does the statute of Louisiana conform to Constitutional requirements of due process, (2) did defendant, under the uncontroverted allegations of the petition bring himself within its scope, and (3), can it be given retroactive effect to apply here where suit was filed prior to its passage by the Louisiana legislature?

Briefly stated, the Louisiana statute in question provides for the exercise of personal jurisdiction over a nonresident of Louisiana as to a cause of action arising by virtue of defendant (a) transacting any business in the State, (b) contracting to supply services or things in this State, (c) causing injury or damage by an offense or quasi offense committed through an act or omission in this State, (d) causing injury or damage in this State by an offense or quasi offense committed through an act of omission outside of the State if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in the state, or (e) having an interest in, using or possessing a real right or immovable property in the State.

F.R.C.P. Rule 4(e), supra, would permit service to be made in accordance with such statute.¹ This rule, along with Rule 4(d) (7), and 4(f), have been consistently interpreted by the United States Supreme Court and all inferior courts of the federal system as affording the vehicle for application of state service of process statutes in federal suits. We do not regard this question to be open to debate, provided the statute invoked conforms to Constitutional requirements of due process, under the "minimal contacts" test of recent evolution. Mississippi Publishing Corp. v. Murphree, 326 U.S. 438, 66 S.Ct. 242, 90 L.Ed. 185, (1946); International Shoe Co. v. State of Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95, (1945); McGee v. International Life Ins. Co., 355 U.S. 220, 78 S.Ct. 199, 2 L.Ed.2d 223, (1957); Hanson v. Denckla, 357 U.S. 235, 78 S.Ct. 1228, 2 L.Ed.2d 1283, (1958).

In Hanson v. Denckla, supra, we note particularly the language used in summing up the effect and extent of the earlier decisions of the Court:

"* * * The application of that rule will vary with the quality and nature of the defendant's activity, but it is essential in each case that there be some act by which the defendant purposefully avails itself himself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws. * * *" (357 U.S. 235, at page 253, 78 S.Ct. 1228, at page 1240).

Compare Hanna v. Plumer, 380 U.S. 460, 85 S.Ct. 1136, 14 L.Ed.2d 8 (1965).

From the foregoing cases it is to be noted that the Supreme Court has established a dual test to determine whether a court may assert personal jurisdiction over a nonresident defendant without depriving him of due process of law. First of all, there must be some minimum contact with the state which results from an affirmative act of the defendant, but this does not require the defendant to have been in the state or to have had agents there. Secondly, it must be fair and reasonable to require that the defendant come into the state and defend the action.

We conclude that on its face Act No. 47 of 1964, LSA-R.S. 13:3201 et seq., is constitutional and under 28 U.S. C.A., F.R.C.P. 4(e), must be given application here, as the contacts required are reasonable and seem to us to satisfy traditional ideas of justice and fair play.

The second inquiry addresses itself to the facts, for which we look to the uncontroverted allegations of plaintiff's petition and the attached exhibits. We find from an inspection of the pleadings that defendant has, at the least: (1) contracted to supply "services or things" in this State, specifically services as a news commentator and columnist, distributed by the Bell Syndicate to newspapers in Louisiana; (2) caused injury and/or damage to petitioner by either publishing or causing to be published allegedly libellous remarks concerning her in the State of Louisiana, such injury and/or damage being the adverse effect of the publication of the column in question upon petitioner's reputation and character among her neighbors and friends in the State of Louisiana; or, assuming that all of the defendant's actions in respect to the quasi-offense under discussion occurred out of this State, (the position most favorable to defendant), (3) the injury to petitioner resulted in the State and, referring to the exhibits attached to the complaint, the conclusion by inference that defendant, or his agents, regularly does or solicits business for the publication of his column within the State and that he follows this course of conduct persistently is inescapable.

From the foregoing, we find that the requirements of the Louisiana statutes are met in respect to LSA-R.S. 13:3201 (b), and either (c) or (d), from a factual standpoint.

Furthermore, that defendant's attorneys actually received notice of the suit within one month after it was filed, is evidenced by correspondence addressed to the clerk appearing in the record, being letters from Mr. Donovan of Washington, D.C., dated August 2, 1963, and from Mr....