Case 0:17-cv-60426-UU Document 169 Entered on FLSD Docket 06/04/2018 Page 8 of 22
1. The Place Where The Injury Occurred
Although Webzilla and XBT Holdings S.A., have offices in Florida, Plaintiffs’ injury
allegations are not limited to this state. Mr. Gubarev, a resident of Cyprus, alleges that his
personal and professional reputation has been damaged. D.E. 1 ¶ 5. XBT Holdings S.A., which
does business “across the globe” claims it has lost clients, suffered damage to its reputation, and
lost business relationships with at least one lender. Id. ¶¶ 7, 47. Additionally, there is “little
reason in logic or persuasiveness to say that one state rather than another is the place of
injury . . . in the case of multistate defamation.” Restatement (Second) of Conflicts of Laws §
145 cmt. 3 (1971).
Here, the Dossier was published online and therefore was accessible
anywhere in the world. See D.E. 1 ¶ 23. Accordingly, this factor weighs only weakly in favor of
applying Florida law.
2. The Place Where the Conduct Occurred
As with the previous factor, the place where the conduct occurred is of “less
significance” in cases of multistate defamation. Restatement § 145 cmt. e. Here, the Dossier
was published online and therefore was viewable anywhere. Nevertheless, this factor weighs
somewhat in favor of applying New York law because the decision to publish the Dossier was
made in New York.
3. The Location of the Parties
This factor weighs slightly in favor of applying New York law. Although Plaintiffs XBT
Holdings, S.A. and Webzilla have offices in Florida, neither is alleged to be headquartered here.
Defendants, however, are based in or reside in New York. Their connection to New York,
8
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents