Berry Gordy v. The Daily News, L.P. George Rush Tony Turner

We are presented with the recurring question of where a newspaper and its writer can be sued for the alleged publication of a libel. Berry Gordy, a resident of California and the founder of Motown Records, brought a defamation action in California against The New York Daily News and columnist George Rush for a column published about Gordy in the Daily News. The Daily News and Rush removed the action from Los Angeles Superior Court to federal district court, which dismissed the action for lack of personal jurisdiction over the defendants. We reverse.

I. Background

The jurisdictional facts in this case are undisputed. Gordy is founder, and. former president of Motown Records. He has lived in California for twenty-four years and most of his friends, family, and business associates reside in California.

The Daily News, which published the allegedly defamatory statements about Gordy, is a newspaper based in New York. More than 99% of the circulation of the Daily News occurs within 300 miles of the New York metropolitan area. The Daily News does not contract with or employ distributors, or solicit subscriptions, in California. Nevertheless, a small but regular circulation of the…