Demand Letters Sent Out of State May Be Defamatory


So you are contemplating suing in your home State, but the defendant is out-of-state. No problem, you'll just fire off a demand letter. Indeed, the fact that the defendant will need to travel to your State to defend the action may provide some settlement leverage.

Not so fast. A demand letter might be protected speech in your State, but is that true of the defendant's jurisdiction? If the defendant beats you to the courthouse, you could find yourself defending an action in its jurisdiction.

The case of Metabolic Research, Inc. v. Scott J. Ferrell, et al. shows how this can happen. It is turning out to be a fascinating case on several levels, including liability considerations for attorneys and SLAPP issues.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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