A person using the screen name "Jackpetsw" posted a message on CompuServe's Internet "Acquaria/ Fish Forum" concerning attorney John Benn: "No lawyer worth his salt would do what you are doing, which is why a complaint is pending with your state bar." In response, Benn filed a defamation action in Alabama state court naming Robert Novak and others as defendants and seeking $70,000 in relief. Novak removed the case to federal district court and filed an answer asserting that the trial court lacked personal jurisdiction over him and that Benn's action was frivolous. However, the district court remanded the case since the amount in controversy was less than $75,000. Over the next six months, Benn attempted to compel Novak, who was not a resident, to respond to interrogatories, requests for admissions, and requests for production. Novak failed to fully cooperate. On January 14, 2003, the trial court sanctioned Novak by entering a default judgment in favor of Benn and awarding Benn $50,000 in damages. Novak appealed. On May 1, 2003, the trial court issued a "special writ of execution" which required Novak's Internet domain name (petswarehouse. com) and federally registered trade- mark Pets Warehouse be surrendered to the sheriff as bond for the final judgment. Novak filed a second appeal. Both appeals were consolidated in this case. [Novak v. Benn, 2004 Ala. Civ. App. LEXIS 249 (Ct. Civ. App. Ala. April 2, 2004).]
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