ΒΆ 12 The tort of defamation occurs where the defamatory statements are published. See Hanson v. Ahmed , 382 Ill. App. 3d 941, 942, 321 Ill.Dec. 475, 889 N.E.2d 740 (2008). Publication is the act by which defamatory matter is conveyed to a third party.
The plaintiff's prima facie case may be overcome, however, by uncontradicted evidence that defeats jurisdiction. Hanson v. Ahmed, 382 Ill. App. 3d 941, 943 (2008). Section 2-209 of the Code, referred to as the Illinois long-arm statute, governs the exercise of personal jurisdiction by an Illinois court over a nonresident.
We may consider a plaintiff's complaint and any affidavits submitted by the parties; unrebutted allegations are taken as true. Hanson v. Ahmed, 382 Ill. App. 3d 941, 943 (2008); see also Ill. S. Ct. R. 212(a)(4) (eff. Jan. 1, 2011) (providing that discovery depositions may be used "for any purpose for which an affidavit may be used"). 5 ΒΆ 11 Personal jurisdiction is the authority of the court "to bring a person into its adjudicative process."
We may consider a plaintiff's complaint and any affidavits submitted by the parties; unrebutted allegations are taken as true. Hanson v. Ahmed, 382 Ill. App. 3d 941, 943 (2008); see also Ill. S. Ct. R. 212(a)(4) (eff. Jan. 1, 2011) (providing that discovery depositions may be used "for any purpose for which an affidavit may be used"). ΒΆ 11 Personal jurisdiction is the authority of the court "to bring a person into its adjudicative process." (Internal quotation marks omitted.)
We may consider a plaintiff's complaint and any affidavits submitted by the parties; unrebutted allegations are taken as true. Hanson v. Ahmed , 382 Ill. App. 3d 941, 943, 321 Ill.Dec. 475, 889 N.E.2d 740 (2008) ; see also Ill. S. Ct. R. 212(a)(4) (eff. Jan. 1, 2011) (providing that discovery depositions may be used "for any purpose for which an affidavit may be used"). ΒΆ 11 Personal jurisdiction is the authority of the court "to bring a person into its adjudicative process."
Russell v. SNFA , 2013 IL 113909, ΒΆ 28, 370 Ill.Dec. 12, 987 N.E.2d 778. The plaintiff's prima facie case may be overcome, however, by uncontradicted evidence defeating jurisdiction. Hanson v. Ahmed , 382 Ill. App. 3d 941, 943, 321 Ill.Dec. 475, 889 N.E.2d 740, 743 (2008). "When a trial court decides a jurisdictional question solely on documentary evidence and without an evidentiary hearing, as occurred in this case, our review is de novo ."
[2] ΒΆ 39 This does not end our inquiry, for we must still determine whether the exercise of personal jurisdiction over defendant pursuant to section 2β209(a)(12) comported with due process principles under the Illinois and federal constitutions. See Rollins, 141 Ill.2d at 275, 152 Ill.Dec. 384, 565 N.E.2d 1302;Hanson v. Ahmed, 382 Ill.App.3d 941, 943, 321 Ill.Dec. 475, 889 N.E.2d 740 (2008). βThe purpose of the Illinois long-arm statute is to assert jurisdiction over nonresidents to the extent permitted by the due process clause.
Hemi argues, however, that a series of recent Illinois appellate court decisions demonstrates that Illinois does in fact require more than federal law. See Estate of Isringhausen v. Prime Contractors and Associates, Inc., 378 IU.App.3d 1059, 318 Ill.Dec. 363, 883 N.E.2d 594 (2008); Hanson v. Ahmed, 382 Ill.App.3d 941, 321 Ill.Dec. 475, 889 N.E.2d 740 (2008); Sabados, 378 Ill.App.3d 243, 317 Ill.Dec. 547, 882 N.E.2d 121; Bolger v. Nautica Int'l, Inc., 369 Ill.App.3d 947, 308 Ill.Dec. 335, 861 N.E.2d 666 (2007). We are not convinced.
In considering the jurisdictional consequences of phone calls or Internet contact, Illinois courts consider whether a defendant's actions deliberately and consciously intruded into Illinois. See, e.g., MacNeil v. Trambert, 401 Ill.App.3d 1077, 342 Ill.Dec. 314, 932 N.E.2d 441, 447 (2010) (where an eBay seller could not control the buyers location, the sale and related communications did not confer jurisdiction); Hanson v. Ahmed, 382 Ill.App.3d 941, 321 Ill.Dec. 475, 889 N.E.2d 740, 745 (2008) (a phone call initiated by another party is not sufficient contact). Here, in order to harass Steven, DiDomenico deliberately and repeatedly chose to involve himself with Illinois police and schools.
To subject Landrum to personal jurisdiction based on this attenuated connection with Illinois would violate due process. See Hanson v. Ahmed, 382 Ill.App.3d 941, 945 (2008) (participation in two phone calls initiated by an Illinois claims adjuster were "extremely attenuated" contacts with Illinois and so did not constitute minimum contacts with Illinois sufficient to establish personal jurisdiction and satisfy due process). Because Landrum and Bellin did not have sufficient minimum contacts for an Illinois court to exercise personal jurisdiction, we need not consider whether it would be reasonable to require Landrum and Bellin to litigate in Illinois. See Russell, 2013 IL 113909, ΒΆ 87 (a court must consider the reasonableness of requiring defendants to litigate in Illinois if the court determines that the defendants have sufficient minimum contacts with Illinois).