4 ms·

But you have to bring charges or sue in the state the company is headquartered in or in federal court. Facebook is headquartered in California. Texas can't lega

But you have to bring charges or sue in the state the company is headquartered in or in federal court. Facebook is headquartered in California. Texas can't legally compel Facebook to do anything. They can attempt to sue in California court but the case would have no merit because it's not in violation of California law. Now Texas could potentially sue Facebook in absentia in a Texas court but would have no way to enforce the judgement. Besides if it came down to that Facebook could just block traffic from Texas which would probably end this nonsense real quick.

toast0 5y ago
I'm unqualified to opine on the jurisdictional issue, but I had assumed if the person harmed was in the state and the business operated in the state and had substantial presence in the state, there would be a case to sue in the state. I will be happy to read any references you can provide to help illuminate me on this. This note seems to indicate suing out of state corporations in state courts is often accepted, and the exceptions seem to be cases where there's no real connection for the corporation to the state: https://www.law.cornell.edu/constitution-conan/amendment-14/section-1/suing-out-of-state-foreign-corporations https://www.law.cornell.edu/constitution-conan/amendment-14/... I also saw https://en.wikipedia.org/wiki/BNSF_Railway_Co._v._Tyrrell https://en.wikipedia.org/wiki/BNSF_Railway_Co._v._Tyrrell where the company does have some presence in the state, but it was not its state of incorporation or principle place of business, and the plantiffs were not resident in the state and the events in the case didn't take place in that state either. On enforcing the judgement, I would assume under a Writ of Execution local sheriffs could seize Facebook property at their offices in Austin or Dallas, or their data centers in Fort Worth. Those buildings (if owned and not leased) and/or their contents are certainly subject to judgements in the state of Texas.

toast0 5y ago

I'm unqualified to opine on the jurisdictional issue, but I had assumed if the person harmed was in the state and the business operated in the state and had substantial presence in the state, there would be a case to sue in the state. I will be happy to read any references you can provide to help illuminate me on this. This note seems to indicate suing out of state corporations in state courts is often accepted, and the exceptions seem to be cases where there's no real connection for the corporation to the state: https://www.law.cornell.edu/constitution-conan/amendment-14/section-1/suing-out-of-state-foreign-corporations https://www.law.cornell.edu/constitution-conan/amendment-14/... I also saw https://en.wikipedia.org/wiki/BNSF_Railway_Co._v._Tyrrell https://en.wikipedia.org/wiki/BNSF_Railway_Co._v._Tyrrell where the company does have some presence in the state, but it was not its state of incorporation or principle place of business, and the plantiffs were not resident in the state and the events in the case didn't take place in that state either. On enforcing the judgement, I would assume under a Writ of Execution local sheriffs could seize Facebook property at their offices in Austin or Dallas, or their data centers in Fort Worth. Those buildings (if owned and not leased) and/or their contents are certainly subject to judgements in the state of Texas.