Keeton v. Hustler Magazine
New Hampshire Supreme Court
549 A.2d 1187 (1988)
- Written by Steven Pacht, JD
Facts
Kathy Keeton (plaintiff) was a New York resident. Hustler Magazine, Inc. and its publisher, Larry Flynt (collectively, Hustler) (collectively, defendants) originally were Ohio residents and later became California residents. In 1977, Keeton sued Hustler for libel in Ohio concerning material that Hustler published in September 1975 and July 1976. In October 1980, after Keeton’s Ohio suit was dismissed as time-barred, Keeton sued Hustler in New Hampshire federal court. Keeton chose New Hampshire because New Hampshire’s statute of limitations for libel was six years and the statute of limitations in every other state had expired. During the relevant period, Hustler’s New Hampshire monthly sales constituted approximately 1 percent of Hustler’s total circulation. Keeton won a $2 million jury verdict against Hustler, which Hustler appealed, arguing that Keeton’s suit was time-barred. The court of appeals certified a question to the New Hampshire Supreme Court as to whether New Hampshire would apply its statute of limitations under the circumstances of this case.
Rule of Law
Issue
Holding and Reasoning (Johnson, J.)
Dissent (Souter, J.)
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