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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33082
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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If one military member wishes to sue another military

Customer Question

If one military member wishes to sue another military member for defamation, and both military members are stationed and living overseas in Europe when the defamation occurs, can the defamed military member bring suit in the United States or is there no personal jurisdiction over the military member?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

There is no "federal" defamation law. So it is not possible to sue under federal law. In the US defamation claims are exclusively governed by state law. So to sue, in the US, for defamation, you have to sue under state law. And this is where it gets complex...since if the conduct happened abroad? The state will not have jurisdiction.

The recourse would be to sue under the law of the country where the defamation occurred. That county will have jurisdiction

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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