Mississippi Yearning

The Mississippi Supreme Court has held that an out-of-state paramour had insufficient contacts with the state to permit long-arm jurisdiction over an alienation of affections suit.

This is an alienation-of-affections lawsuit brought against a nonresident paramour over whom our courts have personal jurisdiction under the Mississippi long-arm statute. But because the paramour did not make purposeful minimum contacts with Mississippi that were sufficient to satisfy the Due Process Clause of the Fourteenth Amendment, we reverse the circuit court’s denial of the paramour’s motion to dismiss for lack of personal jurisdiction and we render judgment dismissing the plaintiff’s complaint and this action for lack of personal jurisdiction over the paramour.

Phillip was married to Paige and had an affair with Francesca as well as with an unnamed fitness instructor.

Francesca could not be sued because she was under the mistaken impression that Phillip was from Tennessee

The record in this case includes no evidence whatsoever that Francesca ever purposefully made any contact—minimum or otherwise—with Mississippi. She had an affair (never in Mississippi) with a man (a) who worked in Memphis for a Memphis-based corporation; (b) whose cell phone had a Tennessee area code; (c) who sent her packages using a Tennessee return address; (d) who drove a truck with a Louisiana license plate; and (e) who asked her to meet him in “MEM” so they could disclose the affair to his wife…

It is uncontroverted that Francesca never knew of Phillip’s home in Mississippi. There is no evidence in the record to suggest that Francesca knew or should have realized her calls and texts to Phillip’s Tennessee telephone number would be received in Mississippi. And while Francesca certainly should have known her affair with a married man might break up a marriage somewhere, there is nothing in the record to suggest she knew or should have known the marriage would break up in Mississippi.

Presiding Justice Randolph disagreed and would find that Francesca’s conduct was sufficiently purposeful to invoke the power of Mississippi

Were the contacts between [Francesca]… and Phillip purposeful? Yes. Were [Francesca’s] contacts with a resident of Mississippi? Yes. Did the complaint allege that a tort was committed, in whole or in part, in Mississippi? Yes. Our law requires no more to exercise in personam jurisdiction, other than to conduct a due process analysis of fair play and substantial justice. Today’s outcome achieves neither…

Today’s case presents a claim of injury which arose out of and is related to communications through cell phone calls, text messages, and emails. Considering the contacts have been admitted, Paige has a right to seek redress for damages related to those contacts.

Justice Pierce joined the dissent.

Paige divorced Phillip and has moved to Texas.

This 2012 Mississippi College Law Review article  discusses the tort. David Neil McCarty correctly predicted

Recent rulings from the Mississippi Supreme Court make clear that the tort is here to stay and is evolving to meet the digital contours of the twenty-first century.

The article also favors adoption of the tort beyond  the six states that recognize the action. (Mike Frisch)