FYI
Franklin, TN
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In Tennessee, to establish a successful claim for defamation, three elements must be satisfied by the plaintiff:(1) a party published a statement; (2) with knowledge that the statement is false and defaming to the other; or (3) with reckless disregard for the truth of the statement or with negligence in failing to ascertain the truth of the statement. Sullivan v. Baptist Memorial Hospital, 995 S.W.2d 569, 571 (Tenn. 1999); See Restatement (Second) of Torts § 580 B (1977). Japan *has* signed the Hague treaty for service of civil lawsuits and this is not even an issue for those residing in the USA. IP and MAC addresses are identifiable in discovery so proper service under Japanese code section 118 is indeed possible. When a person (1) directs electronic activity into the State (TN),(2) with the manifested intent of engaging in business or other interaction within the State, and (3) that activity creates, in a person within the State, a potential cause of action cognizable in the [forum] State's courts. Toys R Us, Inc. v. Step Two, S.A., 318 F.3d 446, 453 (3d Cir.2003)(quoting ALS Scan v. Digital Service Consultants, Inc., 293 F.3d 707, 714 (4th Cir.2002))(emphasis in original). SEE Especially: United States District Court, E.D. Tennessee. MARK HANBY MINISTRIES, INC., et al., Plaintiffs, v. Jenivieve LUBET, Defendant. No. 1:06-CV-114. Another interesting tidbit: TCA § 20-2-214. Personal service; unavailability; jurisdiction (a) Persons who are nonresidents of Tennessee and residents of Tennessee who are outside the state and cannot be personally served with process within the state are subject to the jurisdiction of the courts of this state as to any action or claim for relief arising from: (1) The transaction of any business within the state; (2) Any tortious act or omission within this state; (3) The ownership or possession of any interest in property located within this state; (4) Entering into any contract of insurance, indemnity, or guaranty covering any person, property, or risk located within this state at the time of contracting; (5) Entering into a contract for services to be rendered or for materials to be furnished in this state; (6) Any basis not inconsistent with the constitution of this state or of the United States; (7) Any action of divorce, annulment or separate maintenance where the parties lived in the marital relationship within this state, notwithstanding one party's subsequent departure from this state, as to all obligations arising for alimony, custody, child support, or marital dissolution agreement, if the other party to the marital relationship continues to reside in this state. (b)Person, as used herein, includes corporations and all other entities which would be subject to service of process if present in this state. (c) Any such person shall be deemed to have submitted to the jurisdiction of this state who acts in the manner above described through an agent or personal representative.
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FYI Dreamgirl
Franklin, TN
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Dreamgirl wrote: <quoted text> Sure, but that was Chris Savoie, who reported that. Not credible at all. This whole thing about the consulate somehow having approved of Chris's kidnapping is ridiculous and is a fabrication by him. The only thing the consulate would have told him (in reply to a simple inquiry) is something like this: "Yes, if you bring your children here, we can process their passports". And incidentally, there is still blissful silence on what Chris Savoie intended to do if passports were made for him there. How did he intend to get to the airport and have the kids board a plane? In Tennessee, to establish a successful claim for defamation, three elements must be satisfied by the plaintiff:(1) a party published a statement; (2) with knowledge that the statement is false and defaming to the other; or (3) with reckless disregard for the truth of the statement or with negligence in failing to ascertain the truth of the statement. When a person (1) directs electronic activity into the State (TN),and (3) that activity creates, in a person within the State, a potential cause of action cognizable in the [forum] State's courts. (c) Any such person shall be deemed to have submitted to the jurisdiction of this state who acts in the manner above described through an agent or personal representative.
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To Dreamgirl
Franklin, TN
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Dreamgirl wrote: <quoted text> lol. I had also considered writing up Noriko's story, but I wonder if it is not better left untold, at least until the children are older. And yet Noriko's plight has tugged at my heart, as I see is likewise with others. Let's invite her to our re-union next year! When you write her story, please include her lying, sneakiness, emotional volatility, threatening to commit suicide in front of the kids, sleeping with Isaac at age 8, her medical neglect of the children, refusing to let Isaac play baseball, breach of contract, perjury in court, obsession with fashion and make-up and money, constant need to use her children as mini-therapists by defaming her ex-husband in front of them in a most pathetic and immature fashion, and her defamation of Dr. Savoie to anyone who would listen to her whining, her general grumpiness even after becoming a near-millionaire, her announcement that the "US is not a very nice country", her assertions that all Americans are obese, and please include her strange marital misconduct that granted Dr. Savoie grounds for divorce FIRST-- MANY, MANY, MANY YEARS AGO!! If you know her so well, thrill us with your acumen: why would she have LIED to the courts and claim on a July 3, 2008 document that they had been "separated since 2005" and "lived separately"....and yet she whined to others that the couple had been "happily married" until very recently? What's with the disconnect?? Her story changes depending on the audience and you are too foolish to see it, so it is very sad that you are wasting your time defending her. You poor thing. The lies are a very interesting component of her mental instability.
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To Joan
Franklin, TN
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Joan wrote: <quoted text> Then he lied on the immigration forms because not only do you have to show the mariage certificate, you must also show proof of relationship (same residence). It is said that they were separated in Japan. Did you know? Did you reasonably research the time of the application? Please read the posts about defamation lawsuits. Were you intentionally or negligently providing false information within this post? Are you sure you want to risk your reputation, financial security, etc by providing false information in order to gain misinformation-induced sympathy and/or support for a perjuring contract-breaker, criminal kidnapping fugitive? It may be best for you to hold your own counsel and let Noriko hold hers.
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To Mr Peanut Butter
Franklin, TN
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PNUT BUTTER LOVER wrote: <quoted text> It sure doesn't sound like it. He knew he would lose his assss in Japan and that's probably why he divorced her in the states. They both have broken laws whether it be in Japan or the USA. You are uninformed. "Lose his assets in Japan"??? In a country that gives the "wife" back to her parents and lets the man keep the money? In a country with separate assets for spouses and she was just a stay at home mom? And only Noriko is a fugitive criminal. Dr. Savoie has not been indicted with anything. Look that up on wikipedia in case you are confused as to the difference between the two. And look up Daiyokangyo System for a little lesson. Maybe his desire for a hunger strike stemmed from a very valid fear of e-coli-induced food poisoning in that unclean dungeon!!
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“none”
Joined: Jul 18, 2009
Comments: 166
nowhere
ISP:
Atlanta, GA
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Wow ! Savoie is at large, back in action. If you are itching to attack the posters so much, why not go back to Phil at Channel 5 and tell all in front of camera ( w/o Amy, please )?
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To Davie Lee
Franklin, TN
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David Lee wrote: <quoted text> I am saddened to see Toland support and thank Savoie for his illegal and violent actions. That Toland cannot show sensitivity and discernment in this matter when Noriko was so hideously treated and her children dragged though the mud and subjected to humiliation by the mistress is self serving and disgusting. Your statement is only emotional drivel and is not based on fact at all. 1. There was absolutely no violence 2. You are contending that what Dr. Savoie did was "illegal". If *failing* to reclaim his children when he had custody orders in BOTH countries is illegal (in your mind), please note that it certainly pales in comparison to Noriko's SUCCESSFUL inter-continental abduction in VIOLATION of the US Court Order and State and Federal Statutes. You can't have it both ways, Mr. Lee. If you are saying that his *attempt* to drive the kids 90 miles was illegal, then her *success* at stealing the kids across the planet was....what?? Blatantly illegal?
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To Sebadaba
Franklin, TN
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sebadaba wrote: Best wishes to Noriko and the children, and hopefully Savoies make an effort to resolve the issue fairly and impartially, especially for children's welfare. How can one resolve an issue "fairly and impartially" with someone who has contempt EVEN for court orders? You think a phone call and lawyerly meetings would really be helpful? Shows how much you know about this issue. Zero. Please spend 5 hours or so researching sociopathic behavior and narcissistic personality disorder as it relates to parental child abduction, and the State Department's and the Justice Department's information on this heart-breaking ordeal, as well as Jayne Major's research out of California on PAS, and Pamela Richardson's information from 'A Kidnapped Mind' and how her son killed himself after years of alienation and defamation of one parent by another, and Ken Connolly's information, and youtube videos of Parental Alienation Syndrome. Then you can publish your blog posts in a leading child psychology journal! I am sure they will be accepted as top scholarship.
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“none”
Joined: Jul 18, 2009
Comments: 166
nowhere
ISP:
Atlanta, GA
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He's taking on everyone of the posters ? Mano a mano. Let ask you, Dr. Savoie, why did you leave Japan without dissolving the marriage to Noriko even though you holds a Japanese citizenship ? Didn't you renounce the US citizenship when you were naturalized in Japan ? What kept you from being with your children as your ex claims ? I'd like to know.
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“none”
Joined: Jul 18, 2009
Comments: 166
nowhere
ISP:
Atlanta, GA
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By the way, Dr.Savoie, thanks for your recommendation of the books. Did you read all of them and before you went to Japan ? If I read all of them, then am I eligible to post in the blog ? Everyone entitles his/her opinion though it's against your opinion.
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“none”
Joined: Jul 18, 2009
Comments: 166
nowhere
ISP:
Atlanta, GA
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Dr.Savoie, I'd like to say one more thing after reading what appears to be by you, your action only shows how much you want to put the people under your control,IMO, of course.
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inmyopinion
Nashville, TN
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IN MY OPINION these posts targeting individual posters COULD be considered stalking and harassment.
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TNMtMan
Tokyo, Japan
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sebadaba wrote: Wow ! Savoie is at large, back in action. If you are itching to attack the posters so much, why not go back to Phil at Channel 5 and tell all in front of camera ( w/o Amy, please )? Double Wow! But I'm feeling left out. Where's my "To TNMtMan" message?
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TNMtMan
Tokyo, Japan
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Judged:
8
3
Sounds like the good Doctor is getting a jump on the lawyer lingo. Are you sure you have the stomach for litigation? Those court room battles can get pretty 'bloody'.
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kcMN
West Concord, MN
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Wow, Dr. Savoie himself on this thread, taking on multiple posters. If Noriko were mentally unstable, I'm sure you played a role. Anyone would become unstable too if stuck in Franklin as a foreigner with no friends, family, a restraining order against travel from the moment she stepped off the plane, and regular dealings with an angry ex-husband and his new wife trying to take the kids away.
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Yada
Sioux Falls, SD
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Judged:
2
To Mr Peanut Butter wrote: <quoted text> You are uninformed. "Lose his assets in Japan"??? In a country that gives the "wife" back to her parents and lets the man keep the money? In a country with separate assets for spouses and she was just a stay at home mom? And only Noriko is a fugitive criminal. Dr. Savoie has not been indicted with anything. Look that up on wikipedia in case you are confused as to the difference between the two. And look up Daiyokangyo System for a little lesson. Maybe his desire for a hunger strike stemmed from a very valid fear of e-coli-induced food poisoning in that unclean dungeon!! http://www.ecoliblog.com/2009/09/articles/e-c...
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Murobishi
Taipei, Taiwan
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Judged:
4
2
sebadaba wrote: Wow ! Savoie is at large, back in action. If you are itching to attack the posters so much, why not go back to Phil at Channel 5 and tell all in front of camera ( w/o Amy, please )? This seems like it's Amy
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Mayflower
Santa Ana, CA
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Judged:
5
2
Wow I just checked back out of boredom. What a goldmine of LOL from one of those two people from Franklin, TN.(I'm not gonna name names shhhhh...)
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TNMtMan
Tokyo, Japan
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To Davie Lee wrote: <quoted text> 1. There was absolutely no violence Believe or not, my mind can be changed. I just haven't been convinced yet. You can convince me. Take your statement above: how are we to resolve this? We have two contradictory sets of eyewitness reports. I think ... if you count of of CS's accomplices. Also, how do you define violence. Were the kids frightened by the 'pick up'? This is not even a big issue for me because CS could possibly be in the right and if the kids were rattled by the experience might be a simple ends justifying the means. But I'd like to go through all of the assertions you made one by one. Why should we believe you whether there was violence or not?
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Murobishi
Taipei, Taiwan
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To Dreamgirl wrote: <quoted text> When you write her story, please include her lying, sneakiness, emotional volatility, threatening to commit suicide in front of the kids, sleeping with Isaac at age 8, her medical neglect of the children, refusing to let Isaac play baseball, breach of contract, perjury in court, obsession with fashion and make-up and money, constant need to use her children as mini-therapists by defaming her ex-husband in front of them in a most pathetic and immature fashion, and her defamation of Dr. Savoie to anyone who would listen to her whining, her general grumpiness even after becoming a near-millionaire, her announcement that the "US is not a very nice country", her assertions that all Americans are obese, and please include her strange marital misconduct that granted Dr. Savoie grounds for divorce FIRST-- MANY, MANY, MANY YEARS AGO!! If you know her so well, thrill us with your acumen: why would she have LIED to the courts and claim on a July 3, 2008 document that they had been "separated since 2005" and "lived separately"....and yet she whined to others that the couple had been "happily married" until very recently? Savoie-san,(if you are; if not, then a clever impersonator) You are aware of the concept of face in Asia? No Asian person would be expected to honestly tell peopole that they are on the outs with their spouse. Are you also aware that in Japanese, and likely all Asian cultures, old spouses do not ever communicate with their ex's new spouse? And that doing so is unbearable humiliation? Do you think that if she was really that unstable as you say, that it was really a good idea to bring her to Tennessee where she knows nobody and subject her to not only phone calls, but actual physical visits by you (the new spouse)? Is this the way to help a foreign, newly-single, near-middle aged homemaker with little spoken English skill to get her feet on the ground in Tennessee? The simple math on someone of her culture in her situation would seem to lead to suicide in the near future. And your claim of her mental instability backs that up even more. Tell me would you go back on a promise to a foreign court, if not doing so would keep you isolated and suicidal? And she kidnapped them across the world, true. She also brought them across the world to TN in the first place even though her soon-to-be-ex was a citizen of her own country. She let Dr. Savoie have it his way, then it seemed that situation she let herself into didn't involve her happiness, or any consideration for her at all. I don't necessarily agree with everyone that she's a saint; she hasn't said anything and it's hard to judge her one way or the other. But the actions and words on your side have been so detrimentsl, it's easy to imagine her as a saint; and understandable how she might be unstable. Do you have any (non-finger-pointing) words that would enlighten us otherwise?
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