Day on Torts - New Post: Personal jurisdiction should be considered before substantive grounds in motion to dismiss.

Personal jurisdiction should be considered before substantive grounds in motion to dismiss.

Posted: 15 Feb 2021 05:49 AM PST

Where a defendant in a Tennessee defamation case moved to dismiss based on both substantive grounds and the assertion that the court lacked personal jurisdiction, the trial court should have considered the personal jurisdiction argument before granting dismissal based on the substantive grounds.

In Checkan v. Southern Towing Company LLC, No. W2020-00636-COA-R3-CV (Tenn. Ct. App. Feb. 3, 2021), the plaintiff filed a defamation case against the defendant drawbridge owner, alleging that a letter sent by the defendant to the plaintiff’s employer containing false information caused him to be fired from his job and made him unable to obtain new employment as a riverboat captain. Defendant filed a motion to dismiss, raising substantive arguments and asserting that the trial court did not have personal jurisdiction over the defendant. The trial court granted dismissal, finding that the allegedly defamatory letter was a prelitigation letter and was accordingly entitled to privilege, but it specifically noted that it was not “ruling on the other procedural bases for dismissal.” On appeal, this ruling was vacated.

In a brief opinion, the Court of Appeals quoted from a federal opinion explaining why a personal jurisdiction argument should be addressed before a failure to state a claim argument: