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/ Courts / OP 22-0587

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MELISSA GROO, Petitioner, v. MONTANA ELEVENTH JUDICIAL DISTRICT COURT, Respondent

OP 22-0587 · Montana Supreme Court · Oral Argument

County

Lewis and Clark County

Filed

Unknown

Status

completed

Hearing timeline

Oral Argument

Oral Argument · the George Dennison Theatre at the University of Montana in Missoula, Montana

2023-03-31

10:00

MELISSA GROO, Petitioner, v. MONTANA ELEVENTH JUDICIAL DISTRICT COURT, Respondent. Oral Argument is set for Friday, March 31, 2023, at 10:00 a.m. in the George Dennison Theatre at the University of Montana in Missoula, Montana, with an introduction to the oral argument beginning at 9:30 a.m. Audio File: https://courts.mt.gov/external/oralargument/audio/22-0587.mp3 Triple D Game Farm in Flathead County offers the opportunity to photograph wildlife that it maintains at its facility. In July 2020, Heather Keepers, who worked for Triple D, left that employment and moved out of state. In August 2020, she contacted Melissa Groo, a New York wildlife photographer. Keepers alleged that Triple D was mistreating its animals and she asked Groo to help her shut down Triple D. Groo then used social media to post public messages, send messages to businesses and individuals, and “tag” photographers with remarks that accused Triple D of mistreating its animals and urged the recipients not to patronize Triple D. Groo was not physically present in Montana when she sent these messages, but between one-quarter and one-third of the messages’ recipients were located in Montana. In January 2022, Triple D sued Groo in Flathead County District Court, claiming that her social media campaign had financially harmed it. Groo moved to dismiss the lawsuit because she alleged the court had no personal jurisdiction over her. The District Court denied Groo’s motion, concluding it had specific jurisdiction over Groo because Groo used social media to target a Montana audience with the intent to put a Montana business out of business and Groo had not proven that exercise of jurisdiction would be unreasonable. Groo then petitioned the Montana Supreme Court to assert supervisory control over the District Court. She argues that the court erred in concluding it had jurisdiction over her and it would be unjust to force her to participate in a trial in a forum that lacks personal jurisdiction over her.

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