Underwager
Underwager v. Channel 9 Australia
Opinion
Lead Opinion
Fletcher, J.
Ralph Underwager appeals the district court’s dismissal of his defamation claims against Charles Vaughn and James Peters, Sr., for lack of personal jurisdiction and against Kim Oates on summary judgment (on the merits) arising from Oates’s showing of a videotape in which Vaughn and Peters criticize Underwager’s qualifications and performance as an expert witness on child sexual abuse. 1 We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
BACKGROUND
Underwager is a Minnesota psychologist who has testified as an expert witness in more than 250 trials on the subject of the unreliability of children’s testimony alleging *364 sexual abuse. On August 5, 1990, the television program Sixty Minutes Australia broadcast a documentary, “Witness for Mr. Bubbles,” in which American attorneys and psychologists disputed Underwager’s theories and credentials. The segment was primarily concerned with Underwager’s testimony for the defense in Crown v. Deren, the so-called “Mr. Bubbles” case, in which an Australian defendant was acquitted of charges that he had sexually assaulted his wife’s nursery school students in bubble baths.