Texas Has Jurisdiction Over Howard K. Stern. State Court Suit Against Bloggers And Additional Defendants Will Move Forward
In the United States District Court, Southern District of Texas today, the honorable Judge Lee H. Rosenthal filed a thirty-one page order dispensing with several motions before her, in the civil suit of Anna Nicole Smith’s mother, Virgie Arthur vs Howard K. Stern and CBS Studios and KPRC Houston.
The attorneys for Mrs. Arthur had sought to add additional defendants to the lawsuit after her attorneys had discovered that there was defamation ongoing not only on television but also on the internet.
Attorney Neil McCabe of the O’Quinn Law Firm in Houston TX filed a motion to add Art Harris, a journalist and blog owner of artharris.com, Bonnie Stern, sister of Howard K. Stern, Harvey Levin, managing editor of TMZ.com and also TMZ the internet site and company. Also requested to be added were bloggers Nelda Rose Turner, owner of rosepeaks.com, Lyndal Harrington, a moderator of rosespeaks.com and Teresa Stephens a former moderator of rosespeaks.com.
The motion to add the additional defendants was denied. However, anticipating a denial, McCabe and colleague Attorney Michael Meyer filed a lawsuit in the 190th District Court of Harris County Texas against the additional defendants. There are presently jurisdiction objections from the non Texas residents. Also there are motions pending in that court and requests for documents and examination of computers used to allegedly defame Mrs. Arthur.
Judge Rosenthal lists the various reasons for denial however, she recognized the validity of the claim of defamation and conspiracy and went as far as to write in her opinion that the added claim appears cognizable to pursue in state court. Cognizable The power, authority, and ability of a judge to determine a particular legal matter. (click on the highlighted words for more in depth definitions). The state court claim was also filed in a timely manner and can now commence.
KPRC was dismissed from the suit. Cited was the studio had a contractual obligation to broadcast the Entertainment Tonight interview and had no way of knowing in advance the subject matter of the interview.
Howard K. Stern’s motion to dismiss for lack of personal jurisdiction was denied. For specific personal jurisdiction, Judge Rosenthal differentiates and writes that “the court must assess Stern’s forum contacts independently from the contacts of the other alleged conspirators. The question is whether Stern himself, not the alleged co-conspirators had the requisite minimum contacts.”
The Judge states the claim against Stern is not that he himself made the defamatory remarks about Virgie Arthur by arranging the ET interview but that he urged Anna Nicole to make the statements about Mrs. Arthur. The Judge writes the alleged defamatory remarks concerned Arthur’s treatment of Anna Nicole when she was a child in Texas and about her experiences in Texas.
Stern knew that Arthur lives in Texas and has lived in Texas her whole life even though he has denied that fact in a sworn statement. He knew that Entertainment Tonight is broadcast in Texas and the events discussed were purported to occur in Texas. Arthur lives in Texas and that is where the harm has occurred and had “foreseeable effects” there. Stern worked to arrange to broadcast statements to the nation including Texas about the Texas activities of a Texas resident.
Judge Rosenthal’s decision rendered means that Arthur will be able to pursue her claim against Howard K. Stern and CBS in her Texas Federal Court.
The Judge also says that Mrs. Arthur will be able to move forward with her defamation and conspiracy claim against Howard K. Stern, Bonnie Stern, Art Harris, Harvey Levin, TMZ, Nelda Rose Turner, Lyndal Harrington and Teresa Stephens in Texas State Court.
You can read the full text of the Memorandum and Order here.
190th State District Court of Houston Texas, Arthur vs Stern et al Docket here
*Edited to strike reference that there is a motion in the 190th Houston TX court for production of documents and examination of computers. That was in the Federal case and declared moot.
Thanks to Trixie for the watermark!
June 26th, 2008 at 10:34 pm
This is great. As I understand it, Virgie can still sue Rose and Co in State Court, and Howard in both places (if State Court also awards Virgie jurisdiction). I think we can call this a victory!
June 26th, 2008 at 11:12 pm
Good news. Looks like the ball will start rolling.
June 27th, 2008 at 12:16 am
Thank goodness. I am so glad to hear this. Howard I hope will just settle now. He knows he can’t win now.
June 27th, 2008 at 12:48 am
I don’t want him to settle. I want him in front of a jury, and every single thing he’s done to Virgie, to Daniel and to Anna to come out. I want so much information out there that FL will have NO CHOICE but to reopen the investigation into Anna’s death. I want him in Federal Court and State Court pleading to settle and McCabe and Virgie saying “Too bad….your going down!” Geez I want to see Wood lose and have to try and get his money out of Howie. LMAO…now that will be another show, especially since there are rumors that PogoLaw may be having some difficulties.
June 27th, 2008 at 12:52 am
This was a huge victory today. And even though the judge did not allow the additional defendants in Federal Court, she recognized that its a good case for State court.
Yoo Hoo. You all over on the dark side need to get your computers readyyyyyyyyyy.
For forensics! Mine is and has been!!!
No tampering allowed!!
June 27th, 2008 at 12:56 am
You da’ gal, QV. I hope after all you’ve had to endure, State Court will go forward also. Karma and all that!
June 27th, 2008 at 1:03 am
Alrighty QQ! Celebrate! WooHoo!
June 27th, 2008 at 1:07 am
Wooo Hooo ladies!!!
June 27th, 2008 at 1:09 am
I got some of the “bubbly” here if ya’ll want me to pop the cork! I’ll drink a glass for each one of you!
June 27th, 2008 at 1:10 am
That would be great Carole.
June 27th, 2008 at 2:59 am
RIGHT ON!!!!!! This is wonderful news. Thanks QV. :::CLINK CLINK::: raising my glass to all, and doing cartwheels.:)
June 27th, 2008 at 3:32 am
Thanks for the article and docs! This is great news!
June 27th, 2008 at 6:11 am
What a great day! I knew it was coming and could not be happier….Thank you, QV, for all your hard work and for being who you are. The Good Guys ALWAYS win in the end.
June 27th, 2008 at 2:00 pm
QV this is the best news for a long time. I don’t think TEXAS likes Stern since he took those confidential papers off of the desk and was made to sit back behind all of the court. Love you virgie.
June 27th, 2008 at 2:52 pm
I have never been so happy to see this in my life. Good article QV
June 27th, 2008 at 4:28 pm
Still reeling and so happy about this good news. Thanks to QV and Red for keeping us up to date and a special thanks to QV and Havana for standing proud and strong.
June 27th, 2008 at 4:29 pm
Well, finally some good news!!! Thank you soooo much QV.
Carole, I got chills reading your comment, I want the same thing……
June 30th, 2008 at 2:52 am
We love you Virgie and feel horrible the way you were treated over the last year and half. I hope you read this site because it is the most truthful site on the net.
July 1st, 2008 at 3:04 am
Thank you QV! There is so much more that we do not know. I will be so happy when this all comes to court because it will reveal the TRUTH! And that is something I am so looking forward to! But with TRUTH, Justice will finally be served. That is all any of us have wanted! The TRUTH and JUSTICE!
Thank you QV for keeping us informed! You are a valiant person! I admire you very much!
July 3rd, 2008 at 6:14 am
Thank-you QV and Red for all the recent docs. Very much appreciate all your hard work keeping us informed, and up to date.
Also…I’d like to wish all our American friends a Happy 4th.
September 9th, 2008 at 1:05 pm
I am very glad that Virgie can sue these people. She has gone through so much and Howard Stern was at the bottom of it.
These bloggers just think they are safe behind their computer screen typing put hatful, hurting remarks. Art Harris was one of the most hateful along with his message board.
I woould just like tp point out that Virgie was a deputy for as long as she was because she was a good one. If you are not, you do not stay. Period.