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“Piiiiiiiigs…..iiiiiin…..laaaaaaaaaw!”
A New York lawyer has been having a bit of a family tiff with his aunt and uncle, who live in Florida. The Florida uncle, Robert Davidoff, had taken a Rolex watch that belonged to his father, after the man died. The New York lawyer, the deceased’s grandson, was not happy about this and initiated an action against Robert - Robert was ultimately held in contempt and required to return the Rolex to the estate. As this legal tiff was wrapping up, the aunt and uncle then allegedly hacked into the New York lawyer’s website, deleting all of his files and putting up a picture of the attorney labeled as “Pig of the Year” with a cartoon-like word bubble of him saying “I’m going to eat everything in site [sic].”
The New York lawyer filed a lawsuit against his aunt and uncle in New York, unhappy with their alleged shenanigans because “[a]t no time in 2005, or at any time, did Plaintiff ever receive the title or honor of ‘Pig of the Year.’” Similarly, “[a]t no time in 2005, or at any other time, has Plaintiff stated that he would eat everything in sight.’” Thus, the New York attorney was suing for, among other things, defamation, computer trespass and tampering, and intentional infliction of emotional distress. However, his case became a nonstarter asthe New York judge has dismissed the lawsuit saying that the New York court lacked personal jurisdiction over the Florida couple. The court reasoned that it lacked personal jurisdiction because the website was maintained on servers located in Florida, not New York, and because the couple lived in Florida and that’s where their alleged conduct took place.
The New York lawyer has said this may not be over, as he may appeal or re-file in Florida.
