Need litigation advice
All - I had my username stolen on another message board that I visit. I am considering legal action against the person who misappropriated my name.
From my studies at Hofstra, I can recall that I have to specify the writ that I am bringing an action under or else my claim will be dismissed. So which of the following writ(s) should I sue under: Trespass to chattels, trespass de bonis asportatis, trespass quare clausum fregit, trespass vi et armis, replevin, or detinue?
Second, I believe that a court sitting in Hempstead, NY would have subject matter jurisdiction. In which federal court should I file the writ?
(7) Comments
Definitely IIED. Also, intentional interference with business relations.
Is this a serious question? And if it is, how is it federal? Diversity based on the other website being based outside NY? Try EDNY, Islip.
Come on ride the train, it's the choo choo ride it.
Greetings,
The only one that might work there is trespass to chattel. Some jurisdictions have allowed electronic trespass to chattel actions to be brought where no actual physical contact occurred. Keep in mind you have to prove that the defendant interfered with your possessory interest in a computer system AND that you were damaged in some way. I am unsure if NY is one of those jurisdictions.
If damage is hard to prove, I would look into federal identity theft laws for relief.
Hope this helps.
DISCLAIMER - THIS CORRESPONDENCE DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. IF IT DID, YOU WOULD BE GETTING A BILL FROM ME.
HofstraMagna, I am ihateusnews from JD Underground and the one who stole your online persona on JD Underground.
Why the hell was HofstraMagna not ATL commenter of the year??
This is another winner.
Dear HM,
Your post raises interesting issues. I've done further research into the jurisdictional issues you raised, and am sure you claim may properly be brought in the Justice Court of Hempstead. I believe the Honorable Lance D. Clark (Suffolk Law, c/o 77) will preside. http://www.law.suffolk.edu/offices/alumni/magazine/fall07/alumProfileClarke.cfm
Good luck,
St. Johns Summa