YOU CAN SUE AN OUT-OF-STATER IN MISSISSIPPI IF THEIR ONLY CONTACT IS TEXTS AND CALLS
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By
Chinn & Associates
Mississippi allows people to sue people who break up their marriage through adultery. This action for money damages is called, “alienation of affections.” It is said there are only 6 states that allow this. As every one knows, each state has different laws, and citizens of one state are not generally subject to the laws of another unless they have what is called “minimum contact” with the state. Committing an act in Mississippi which is negligent or violates the laws of Mississppi can constitute minimum contact. In the recent decision of Knight v. Woodfield, No. 2009-IA-01371-SCT (Decided 1/6.11), the Court held that a Louisiana resident was subject to suit in Mississippi for simply texting, calling, and emailing the plaintiff’s wife in Mississippi. No allegations were made that the defendant ever set foot in Mississippi. This is a stunning development. With the prevalent use of texting, email, and social networking, this subjects people from far away places to suit in Mississippi if they are acting to participate in the break up of a marriage.
