Pro football player Fletcher Cox has been sued in North Carolina by a man for “alienation of affections” of his wife. Such suits are legal in about 7 states, including Mississippi. The suit basically entitles a spouse to sue for damages if another person steals their spouse. It is important to know that you can be sued for simply calling, emailing or texting the spouse in one of those 7 states, from another state, even if you never set foot in that state.
To be liable for the tort of alienation of affection in Mississippi, you must show (1) wrongful conduct of the defendant; (2) loss of consortium (i.e. sex and other marriage benefits); and (3) causal connection between such conduct and loss, but what if you have never been to Mississippi? In Knight v. Woodfield , the plaintiff’s wife lived with him in Mississippi, but worked and met her paramour in Louisiana. The defendant did not live in Mississippi nor did he physically engage with the plaintiff’s spouse in Mississippi, but his emails, text messages, and phone calls to his married girlfriend while she was in Mississippi was enough for Mississippi to confer jurisdiction over him without violating the 14 th Amendment Due Process Clause.