Opinion

Robert Carbone v. Wulf Kaal

  • 140 F.4th 805
Court
Court of Appeals for the Sixth Circuit
Filed
Jun 20, 2025
Status
Published
Cited by
17 cases
Authority
More cited than 72.9%

The opinion

RECOMMENDED FOR PUBLICATION

Pursuant to Sixth Circuit I.O.P. 32.1(b)

File Name: 25a0161p.06

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

┐

ROBERT CARBONE,

│

Plaintiff-Appellant, │

│

v. > No. 24-3795

│

│

WULF KAAL; RAPHAEL BAUMANN; MICHAEL STEUER; │

OPEN SOURCE STANDARDS ASSOCIATION; │

EMERGING TECHNOLOGY ASSOCIATION; JOHN and JANE │

DOES 1–35, │

Defendants-Appellees. │

┘

Appeal from the United States District Court for the Southern District of Ohio at Columbus.

No. 2:23-cv-03443—Algenon L. Marbley, District Judge.

Decided and Filed: June 20, 2025

Before: GILMAN, DAVIS, and MATHIS, Circuit Judges.

_________________

COUNSEL

ON BRIEF: Lindsey E. Sacher, Spencer E. Krebs, TUCKER ELLIS LLP, Cleveland, Ohio, for

Appellant. Kevin T. Shook, Zackary L. Stillings, FROST BROWN TODD LLC, Columbus,

Ohio, for Appellees.

_________________

OPINION

_________________

MATHIS, Circuit Judge. Robert Carbone, who lives in Connecticut, sued two Swiss

organizations and several individuals who live in California, Illinois, and Switzerland for

defamation and other tortious conduct. Carbone was a member of the two Swiss organizations.

He claims that the defendants used websites to publish defamatory statements about him and to

No. 24-3795 Carbone v. Kaal, et al. Page 2

facilitate his removal from the organizations. He decided to file suit in Ohio. Why Ohio?

Because the Swiss organizations maintained servers in Ohio that hosted the organizations’

websites. So Carbone’s theory is that the allegedly improper statements about him would have

passed through the servers in Ohio on the way to their destination. Nothing else connected any

of the parties to Ohio.

The district court dismissed Carbone’s complaint for lack of personal jurisdiction. We

affirm.

I.

The Emerging Technology Association (“ETA”) and the Open Source Standards

Association (“OSSA”) are Swiss “decentralized autonomous organizations” (“DAOs”). DAOs

like ETA and OSSA are “used in the world of cryptocurrency by investors and other players in

that field.” R. 32-1, PageID 405. Wulf Kaal, an Illinois resident, is a co-founder and board

member of both ETA and OSSA. Michael Steuer, a California resident, is also a member of the

DAOs and holds majority voting rights for both organizations. Raphael Baumann, a resident of

Switzerland, is a member and president of ETA. And Defendants John/Jane Does 1-35 are other

unknown ETA and OSSA members.

Carbone, a Connecticut resident, was also a member of ETA and OSSA. But in October

2022, Kaal, Steuer, and Baumann allegedly accused him of engaging in sexual misconduct

against ETA’s compliance director. Not only that, Carbone claims they falsely implied to ETA

and OSSA members that three law firms investigated his misconduct. Carbone alleges that ETA

and OSSA members voted to remove him from the organizations because of these false

statements, resulting in damages.

Carbone sued Defendants in the United States District Court for the Southern District of

Ohio for defamation, tortious interference, breach of fiduciary duty, and negligent

misrepresentation, invoking the court’s diversity-of-citizenship jurisdiction. Carbone does not

contend that he—or any defendant—lives in or even visits Ohio. Instead, in his complaint,

Carbone alleges that the district court could exercise personal jurisdiction over Defendants

because they “transacted business in Ohio, engaged in business acts in Ohio and/or caused a

No. 24-3795 Carbone v. Kaal, et al. Page 3

tortious injury through events occurring in Ohio.” R. 1, PageID 6. In particular, ETA and OSSA

maintain websites with servers located in Ohio.

ETA’s website has a portal that allows its members to discuss and vote on business

matters. Carbone contends that Defendants used the ETA website to engage in business

dealings, publish defamatory statements about him, and vote on his removal from the DAOs. He

also asserts that the defamatory statements “had to ‘hit’ or ‘pass through’” the Ohio-based server

to reach other members. R. 32-1, PageID 407. As for OSSA’s website, Carbone states that

members used it to communicate and conduct business activities. And he attests that Defendants

“would or should have had access to information regarding the location of the server[s].” Id. at

408.

Defendants moved to dismiss Carbone’s complaint for, among other reasons, lack of

personal jurisdiction. In support of their motions to dismiss, Defendants proffered evidence that

third parties selected the server locations for them. Charles Wismer stated that ETA gave him a

grant to construct the ETA website. No one directed him to use a server in Ohio, nor did he

discuss the server’s location with Defendants. Instead, Wismer chose a server in Ohio “based

upon cost and [his] experience.” R. 11-1, PageID 114. Similarly, OSSA hired a third-party

vendor to develop its website. No one at OSSA told the vendor to use an Ohio-based server, and

there was “no specific reason” the vendor chose to do so. R. 27-2, PageID 278.

The district court determined that it could not exercise personal jurisdiction over

Defendants and granted the motions to dismiss. Carbone now appeals.

II.

A plaintiff filing a lawsuit in federal court bears the burden of establishing a prima facie

case that the district court can maintain personal jurisdiction over each defendant. Peters Broad.

Eng’g, Inc. v. 24 Cap., LLC, 40 F.4th 432, 437 (6th Cir. 2022). He can meet this initial burden

“merely through the complaint.” Malone v. Stanley Black & Decker, Inc., 965 F.3d 499, 504

(6th Cir. 2020) (citation omitted). This requires “establish[ing], with reasonable particularity,

sufficient contacts between the defendant and the forum state to satisfy the relevant long-arm

statute and the Due Process Clause.” Id. (citations omitted).

No. 24-3795 Carbone v. Kaal, et al. Page 4

If the plaintiff makes a prima facie case of personal jurisdiction, the burden shifts to the

defendant. Peters Broad. Eng’g, 40 F.4th at 437. The defendant must support its motion to

dismiss with evidence showing that the district court lacks jurisdiction over it. Id.

If the defendant provides such evidence, then the burden shifts back to the plaintiff. Id.

At that point, the plaintiff “may no longer stand on his pleadings but must, by affidavit or

otherwise, set forth specific facts showing that the court has jurisdiction.” Id. at 437–38 (internal

quotation marks omitted). And the plaintiff must establish the district court’s jurisdiction “over

each defendant independently.” Beydoun v. Wataniya Rests. Holding, Q.S.C., 768 F.3d 499, 504

(6th Cir. 2014) (quotation omitted).

When a district court grants a motion to dismiss under Rule 12(b)(2) of the Federal Rules

of Civil Procedure without conducting an evidentiary hearing, as the court did here, we consider

the pleadings and affidavits in the light most favorable to the nonmovant. Anwar v. Dow Chem.

Co., 876 F.3d 841, 847 (6th Cir. 2017). Moreover, we do not weigh “the controverting

assertions of the party seeking dismissal.” Id. (quotation omitted).

We review de novo the district court’s decision granting a motion to dismiss for lack of

personal jurisdiction. Blessing v. Chandrasekhar, 988 F.3d 889, 901 (6th Cir. 2021).

III.

By filing an action against Defendants in the district court, Carbone invoked that court’s

diversity jurisdiction. U.S. Const. art. III, § 2; 28 U.S.C. 1332(a). “When sitting in diversity, a

federal court may exercise personal jurisdiction over an out-of-state defendant only if a court of

the forum state could do so.” Blessing, 988 F.3d at 901 (citation omitted). As a result,

“[a] federal court’s exercise of personal jurisdiction in a diversity of citizenship case must be

both (1) authorized by the law of the state in which it sits, and (2) in accordance with the Due

Process Clause of the Fourteenth Amendment.” Beydoun, 768 F.3d at 504 (quotation omitted).

Because Carbone cannot show that the exercise of personal jurisdiction over Defendants satisfies

due process, we need not consider whether exercising personal jurisdiction would also run afoul

No. 24-3795 Carbone v. Kaal, et al. Page 5

of Ohio’s long-arm statute.1 See Theunissen v. Matthews, 935 F.2d 1454, 1459 (6th Cir. 1991)

(conducting the due-process analysis first).

The Fourteenth Amendment’s Due Process Clause prohibits “any State” from

“depriv[ing] any person of life, liberty, or property, without due process of law.” U.S. Const.

amend. XIV, § 1. Relevant here, it “protects an individual’s liberty interest in not being subject

to the binding judgments of a forum with which he has established no meaningful contacts, ties,

or relations.” Burger King Corp. v. Rudzewicz, 471 U.S. 462, 471–72 (1985) (internal quotation

marks omitted). Thus, courts may exercise personal jurisdiction over out-of-state defendants

only where those defendants have “certain minimum contacts with [the state] such that the

maintenance of the suit does not offend traditional notions of fair play and substantial justice.”

Int’l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945) (internal quotation marks omitted).

Personal jurisdiction can be either “general” or “specific.” BNSF Ry. Co. v. Tyrrell, 581

U.S. 402, 413 (2017). General jurisdiction exists when a defendant’s relationship with the forum

state is “so ‘continuous and systematic’ as to render [it] essentially at home” there. Goodyear

Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 919 (2011) (quoting Int’l Shoe, 326 U.S.

at 317). On the other hand, specific jurisdiction “arises out of or relates to the defendant’s

contacts with the forum.” Daimler AG v. Bauman, 571 U.S. 117, 127 (2014) (alterations and

quotation omitted). Indeed, “specific jurisdiction is confined to adjudication of issues deriving

from, or connected with, the very controversy that establishes jurisdiction.” Goodyear, 564 U.S.

at 919 (internal quotation marks omitted). For a court to exercise specific jurisdiction over a

defendant, a plaintiff must establish a “substantial connection” among “the defendant, the forum,

and the litigation.” Walden v. Fiore, 571 U.S. 277, 284 (2014). Our “primary concern” under

either type of jurisdiction “is the burden on the defendant.” Bristol-Myers Squibb Co. v. Super.

Ct. of Cal., S.F. Cnty., 582 U.S. 255, 263 (2017) (internal quotation marks omitted).

1

Although the district court never considered whether exercising personal jurisdiction over ETA and OSSA

was appropriate under the Due Process Clause, we can “affirm a decision of the district court for any reason

supported by the record, including on grounds different from those on which the district court relied.” Phillips v.

UAW Int’l, 854 F.3d 323, 326 (6th Cir. 2017) (quotation omitted).

No. 24-3795 Carbone v. Kaal, et al. Page 6

Carbone never argued that the district court had general jurisdiction over Defendants.

We therefore consider only whether he established specific jurisdiction.

We have long applied a three-part specific-jurisdiction test. Under that test, the district

court’s exercise of personal jurisdiction over Defendants would comport with due process if:

(1) Defendants purposefully availed themselves of the privilege of acting, or causing a

consequence, in Ohio; (2) Carbone’s claims against Defendants arise from Defendants’ activities

in Ohio; and (3) Defendants’ actions, or the consequences they caused, have a substantial enough

connection with Ohio to make it reasonable for a court in Ohio to exercise jurisdiction. See

Peters Broad. Eng’g, 40 F.4th at 441; S. Mach. Co. v. Mohasco Indus., Inc., 401 F.2d 374, 381

(6th Cir. 1968).

Because the district court decided Defendants’ motions to dismiss without an evidentiary

hearing, all Carbone had to do was make a prima facie showing. See Malone, 965 F.3d at 505.

He failed to do so.

Did Defendants purposefully avail themselves of the privilege of acting in Ohio? To

subject itself to the jurisdiction of a court in a foreign state, a defendant must “purposefully

avail[] itself of the privilege of conducting activities within th[at] State, thus invoking the

benefits and protections of its laws.” Hanson v. Denckla, 357 U.S. 235, 253 (1958) (citation

omitted). This “requirement ensures that a defendant will not be haled into a jurisdiction solely

as a result of random, fortuitous, or attenuated contacts, or of the unilateral activity of another

party or a third person.” Burger King, 471 U.S. at 475 (internal quotation marks and citations

omitted). Simply put, “[t]he contacts must be the defendant’s own choice,” Ford Motor Co. v.

Mont. Eighth Jud. Dist. Ct., 592 U.S. 351, 359 (2021), and they must “create a substantial

connection with the forum State,” Burger King, 471 U.S. at 475 (internal quotation marks

omitted). We have described the purposeful-availment component as “the constitutional

touchstone of personal jurisdiction.” AlixPartners, LLP v. Brewington, 836 F.3d 543, 550 (6th

Cir. 2016) (quotation omitted).

Recall that Carbone contends that Defendants purposefully availed themselves of the

privilege of acting in Ohio by maintaining computer servers there—servers that Defendants used

No. 24-3795 Carbone v. Kaal, et al. Page 7

to publish allegedly defamatory statements about Carbone. Nothing else connects Defendants to

Ohio. They do not reside there, nor do they conduct any other business there. Defendants

counter that maintaining servers in Ohio does not suffice to create a substantial connection with

Ohio because, among other reasons, they did not select Ohio as the location for the servers—

their agents made that decision. Defendants have the better argument.

Two Supreme Court decisions guide our purposeful-availment analysis.

In Calder v. Jones, 465 U.S. 783 (1984), the Supreme Court “establishe[d] that the

effects of intentional torts sometimes may establish personal jurisdiction,” Johnson v. Griffin, 85

F.4th 429, 433 (6th Cir. 2023), where the “intentional, and allegedly tortious, actions were

expressly aimed at [the forum state],” Calder, 465 U.S. at 789. There, the Court found that the

defendants—who published an “allegedly libelous story” in a magazine—“expressly aimed”

their actions at California. Id. at 788–89. For one, the “story concerned the California activities

of a California resident.” Id. at 788. Plus, the defendants “knew that the brunt of th[e] injury

would be felt” in California, where the plaintiff lived and the magazine was widely circulated.

Id. at 789–90. The Court thus concluded that a California court had jurisdiction over the out-of-

state defendants because California was “the focal point both of the story and of the harm

suffered.” Id. at 789.

More recently, in Walden, the Supreme Court acknowledged the limits of Calder’s

“effects” test. The Walden defendant seized cash from the plaintiffs at an airport in Georgia and

later submitted an allegedly false affidavit against them to federal prosecutors in Georgia. 571

U.S. at 288. The plaintiffs argued that a Nevada court had personal jurisdiction over the

defendant because “he knew his allegedly tortious conduct in Georgia would delay the return of

funds to plaintiffs with connections to Nevada.” Id. at 279. The Court rejected this argument,

concluding that the defendant had “no jurisdictionally relevant contacts with Nevada,” because

he “never traveled to, conducted activities within, contacted anyone in, or sent anything or

anyone to Nevada.” Id. at 289.

No. 24-3795 Carbone v. Kaal, et al. Page 8

We recently applied Calder and Walden in two cases considering whether allegedly

tortious tweets created personal jurisdiction over out-of-state defendants. See Blessing, 988 F.3d

at 892; Johnson, 85 F.4th at 431.

In Blessing, the defendants, residents of California and New Jersey, tweeted about

Kentucky high school students and their conduct at a rally in Washington, D.C. 988 F.3d at

892–83. We concluded that the defendants did not direct their actions at Kentucky—where the

plaintiffs lived—via their tweets. Id. at 906. This was because the defendants had no preexisting

relationship with the plaintiffs; the tweets did not target Kentucky readers; the plaintiffs never

alleged that anyone in Kentucky read the tweets; and the defendants never sought the benefits or

protections of Kentucky’s laws. Id. Therefore, a Kentucky court could not exercise personal

jurisdiction over the defendants.

We reached the opposite conclusion in Johnson. There, the defendant, who was also a

defendant in Blessing, sent a series of tweets asserting that a Tennessee CEO “had engaged in

homophobic conduct.” Johnson, 85 F.4th at 431. The “tweets drew [from] a Tennessee

source . . . to attack a Tennessee resident for his conduct in Tennessee.” Id. at 434. Indeed, the

tweets mentioned Tennessee directly, identified the plaintiff’s Tennessee employer, and

allegedly led to the termination of the plaintiff’s employment in Tennessee. Id. Accordingly, we

held that a Tennessee court had personal jurisdiction over the defendant. Id. at 435.

The facts of this case more closely resemble Walden and Blessing than Calder and

Johnson. As in Walden, Defendants never visited Ohio or contacted anyone there. See 571 U.S.

at 289. And like in Blessing, the complaint does not allege that anyone in Ohio read the

defamatory statements, and Defendants’ allegedly tortious actions never targeted anyone in

Ohio. See 988 F.3d at 906. Unlike Calder and Johnson, Carbone never asserted that the

defamatory statements concerned conduct occurring in Ohio or Ohio residents. Nor did he

contend that anyone in Ohio read the statements or that he suffered an injury in Ohio. See

Calder, 465 U.S. at 789–90; Johnson, 85 F.4th at 435. In sum, Ohio was never “the focal point

. . . of the story [or] of the harm suffered.” See Calder, 465 U.S. at 789. As a result, Defendants

did not purposefully avail themselves of the privilege of acting in Ohio through their alleged

tortious conduct.

No. 24-3795 Carbone v. Kaal, et al. Page 9

Carbone resists this conclusion by arguing that Defendants targeted Ohio by using Ohio-

based servers to commit the tortious acts. But mere transmission of information through a server

has little, if any, effect in Ohio. Cf. uBID, Inc. v. GoDaddy Grp., Inc., 623 F.3d 421, 432 (7th

Cir. 2010) (noting that “[w]here [the defendant] chooses to locate the servers that complete the

[allegedly tortious act] is irrelevant”); Silver v. Brown, 382 F. App’x 723, 732 (10th Cir. 2010)

(“The location of . . . the computer server . . . has little practical effect on the damage caused.”).

All in all, Carbone cannot rely on the effects of Defendants’ allegedly tortious actions to

establish personal jurisdiction in Ohio.

Carbone also argues, relying on out-of-circuit decisions, that an Ohio court can maintain

personal jurisdiction over Defendants based on Defendants choosing to locate website servers

there. Under his proposed test, personal jurisdiction exists if Defendants used a server to commit

wrongful acts and “‘something more’ than the mere use of the server [] connects the user to the

forum.” D. 19 at p.20; see MacDermid, Inc. v. Deiter, 702 F.3d 725 (2d Cir. 2012); Will Co. v.

Lee, 47 F.4th 917 (9th Cir. 2022), overruled in part by Briskin v. Shopify, Inc., 135 F.4th 739

(9th Cir. 2025) (en banc). He claims that “something more” exists here because Defendants:

(1) “would or should have had access to information regarding the location of the server[s],” R.

32-1, PageID 408, and (2) benefited from locating them in Ohio. Carbone’s arguments fall short.

Carbone asserts that Defendants had either actual or constructive knowledge that their

agents selected Ohio as the location for the servers. Yet even assuming Defendants knew of the

servers’ location, their use of Ohio-based servers alone fails to create a “substantial connection”

between Defendants and Ohio. See Walden, 571 U.S. at 284; see also Carefirst of Md., Inc., v.

Carefirst Pregnancy Ctrs., 334 F.3d 390, 402 (4th Cir. 2003) (“[W]e have described as de

minimis the level of contact created by the connection between an out-of-state defendant and a

web server located within a forum.” (internal quotation marks omitted)); GreatFence.com, Inc. v.

Bailey, 726 F. App’x 260, 261 (5th Cir. 2018) (concluding that “a web server’s location alone”

did not establish personal jurisdiction “where there is no allegation, argument, or evidence that

the defendants played any role in selecting the server’s location”).

What is more, Carbone failed to establish that Defendants themselves created any

connections with Ohio. See Bridgeport Music, Inc. v. Still N The Water Publ’g, 327 F.3d 472,

No. 24-3795 Carbone v. Kaal, et al. Page 10

478 (6th Cir. 2003) (per curiam). Indeed, ETA and OSSA contracted with third parties who

independently chose to locate the servers in Ohio.2 And Carbone neither alleged nor established

by affidavit that Defendants themselves chose the server location or sought a financial benefit

from locating them in Ohio. Overall, Carbone failed to show that using an Ohio-based server

was “[Defendants’] own choice and not random, isolated, or fortuitous,” or that Defendants had

“fair warning” that the location of a website server “may subject [them] to” Ohio’s jurisdiction.

See Ford Motor Co., 592 U.S. at 359–60 (quotations omitted).

The cases Carbone relies on from our sister circuits do not persuade us otherwise. In

MacDermid, the defendant accessed the plaintiff’s computer servers to misappropriate

confidential information. 702 F.3d at 726–27. The plaintiff sued in Connecticut, alleging that

the defendant knew the servers were located there and used them “to send an email which itself

constituted the alleged tort.” Id. at 730. The defendant also directed her tortious activity toward

the plaintiff, a Connecticut corporation. Id. The Second Circuit thus determined that the

defendant purposefully availed herself of the privilege of acting in Connecticut. Id. But

crucially here, Defendants never directed any tortious activity toward Ohio or its residents.

Instead, they directed their allegedly tortious actions at Carbone, a Connecticut resident.

Carbone’s reliance on Will Co. fares no better. In that case, the Ninth Circuit considered

whether computer servers connected a foreign company to the United States under Federal Rule

of Civil Procedure 4(k)(2). 47 F.4th at 922, 925. To begin, Rule 4(k)(2) does not apply here—it

applies only to federal claims outside of state-court jurisdiction. See Fed. R. Civ. P. 4(k)(2).

Plus, the minimum-contacts analysis under that rule focuses not on the defendant’s contacts with

a certain state, but with the United States generally. Lyngaas v. Curaden AG, 992 F.3d 412, 422

(6th Cir. 2021). So the Ninth Circuit’s conclusion that the defendant targeted the United States

by using and benefiting from a U.S.-based server carries little weight here. See Will Co.,

47 F.4th at 926.

In the end, viewing the pleadings and affidavits in the light most favorable to Carbone,

Defendants never created a substantial connection with Ohio. See Walden, 571 U.S. at 284.

2

Because these facts do not conflict with those offered by Carbone, we may consider them. See Neogen

Corp. v. Neo Gen Screening, Inc., 282 F.3d 883, 887 (6th Cir. 2002).

No. 24-3795 Carbone v. Kaal, et al. Page 11

That the alleged defamatory statements traveled through an Ohio-based server establishes only

“random, fortuitous, or attenuated contacts” with the State. Burger King, 471 U.S. at 475

(internal quotation marks omitted).

Do Carbone’s claims against Defendants arise from Defendants’ activities in Ohio? The

arises-from prong of the purposeful-availment test “is subject to a lenient standard.” Schneider

v. Hardesty, 669 F.3d 693, 703 (6th Cir. 2012) (internal quotation marks omitted). It requires

only that the cause of action “arise out of or relate to the defendant’s contacts with the forum,”

Ford Motor Co., 592 U.S. at 359 (internal quotation marks omitted). A plaintiff can meet this

requirement by showing that the defendant “purposefully direct[ed] communications into the

forum, and those communications form the heart of the cause of action.” Intera Corp. v.

Henderson, 428 F.3d 605, 617–18 (6th Cir. 2005) (quotation omitted).

Although Carbone alleges that Defendants transacted business in Ohio, he failed to show

that his claims arose from any of Defendants’ business transactions. He argues instead that

Defendants committed intentional torts, like defamation, through the Ohio-based servers. Yet he

does not contend that Defendants wrote the defamatory statements in Ohio; that they directed the

statements towards Ohio; or that anyone in Ohio read the statements. Nor does he allege that

anyone in Ohio used the website to vote on Carbone’s removal from the organizations.

True enough, Carbone declares that the defamatory statements and votes on his removal

passed through the Ohio-based servers. Even so, it was not the physical transmittal of

information through a server that constituted the allegedly tortious activity. Cf. MacDermid, 702

F.3d at 727, 730 (using “servers to send an email [] itself constituted” the tortious actions of

“unauthorized access and misuse of a computer system and misappropriation of trade secrets”).

Instead, Defendants’ actions elsewhere—writing and communicating3 defamatory statements and

facilitating Carbone’s removal—“form the ‘heart’ of the cause of action.” Intera Corp., 428

F.3d at 618 (quotation omitted). Carbone thus failed to show that his claims arose from

Defendants’ connections to Ohio.

3

The act of publishing occurs when others read or hear the defamatory statements. See Hartman v. Kerch,

217 N.E.3d 881, 902 (Ohio Ct. App. 2023) (“Publication” occurs “by any act communicating the defamatory matter

to a third party.”); see also Keeton v. Hustler Mag., Inc., 465 U.S. 770, 777 (1984) (“The tort of libel is generally

held to occur wherever the offending material is circulated.” (citation omitted)).

No. 24-3795 Carbone v. Kaal, et al. Page 12

* * *

In sum, Carbone did not “establish, with reasonable particularity, sufficient contacts

between the [Defendants] and the forum state to satisfy . . . the Due Process Clause.” See

Malone, 965 F.3d at 504 (citation omitted). He thus failed to make a prima facie showing of

personal jurisdiction. See Theunissen, 935 F.2d at 1459 (holding that dismissal is “proper if all

of the specific facts [the plaintiff] alleged collectively failed to state a prima facie case for

jurisdiction under the appropriate standards”).4

IV.

For these reasons, we AFFIRM the district court’s judgment.

4

Because Carbone failed to establish that Defendants purposefully availed themselves of the privilege of

acting in Ohio or that Carbone’s claims against Defendants arise from Defendants’ activities in Ohio, we need not

consider whether it would be reasonable for an Ohio court to exercise jurisdiction over Defendants.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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