Robert Carbone v. Wulf Kaal

140 F.4th 805
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 20, 2025
Docket24-3795
StatusPublished
Cited by4 cases

This text of 140 F.4th 805 (Robert Carbone v. Wulf Kaal) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Carbone v. Wulf Kaal, 140 F.4th 805 (6th Cir. 2025).

Opinion

RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 25a0161p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ ROBERT CARBONE, │ Plaintiff-Appellant, │ │ v. > No. 24-3795 │ │ WULF KAAL; RAPHAEL BAUMANN; MICHAEL STEUER; │ OPEN SOURCE STANDARDS ASSOCIATION; │ EMERGING TECHNOLOGY ASSOCIATION; JOHN and JANE │ DOES 1–35, │ Defendants-Appellees. │ ┘

Appeal from the United States District Court for the Southern District of Ohio at Columbus. No. 2:23-cv-03443—Algenon L. Marbley, District Judge.

Decided and Filed: June 20, 2025

Before: GILMAN, DAVIS, and MATHIS, Circuit Judges. _________________

COUNSEL

ON BRIEF: Lindsey E. Sacher, Spencer E. Krebs, TUCKER ELLIS LLP, Cleveland, Ohio, for Appellant. Kevin T. Shook, Zackary L. Stillings, FROST BROWN TODD LLC, Columbus, Ohio, for Appellees. _________________

OPINION _________________

MATHIS, Circuit Judge. Robert Carbone, who lives in Connecticut, sued two Swiss organizations and several individuals who live in California, Illinois, and Switzerland for defamation and other tortious conduct. Carbone was a member of the two Swiss organizations. He claims that the defendants used websites to publish defamatory statements about him and to No. 24-3795 Carbone v. Kaal, et al. Page 2

facilitate his removal from the organizations. He decided to file suit in Ohio. Why Ohio? Because the Swiss organizations maintained servers in Ohio that hosted the organizations’ websites. So Carbone’s theory is that the allegedly improper statements about him would have passed through the servers in Ohio on the way to their destination. Nothing else connected any of the parties to Ohio.

The district court dismissed Carbone’s complaint for lack of personal jurisdiction. We affirm.

I.

The Emerging Technology Association (“ETA”) and the Open Source Standards Association (“OSSA”) are Swiss “decentralized autonomous organizations” (“DAOs”). DAOs like ETA and OSSA are “used in the world of cryptocurrency by investors and other players in that field.” R. 32-1, PageID 405. Wulf Kaal, an Illinois resident, is a co-founder and board member of both ETA and OSSA. Michael Steuer, a California resident, is also a member of the DAOs and holds majority voting rights for both organizations. Raphael Baumann, a resident of Switzerland, is a member and president of ETA. And Defendants John/Jane Does 1-35 are other unknown ETA and OSSA members.

Carbone, a Connecticut resident, was also a member of ETA and OSSA. But in October 2022, Kaal, Steuer, and Baumann allegedly accused him of engaging in sexual misconduct against ETA’s compliance director. Not only that, Carbone claims they falsely implied to ETA and OSSA members that three law firms investigated his misconduct. Carbone alleges that ETA and OSSA members voted to remove him from the organizations because of these false statements, resulting in damages.

Carbone sued Defendants in the United States District Court for the Southern District of Ohio for defamation, tortious interference, breach of fiduciary duty, and negligent misrepresentation, invoking the court’s diversity-of-citizenship jurisdiction. Carbone does not contend that he—or any defendant—lives in or even visits Ohio. Instead, in his complaint, Carbone alleges that the district court could exercise personal jurisdiction over Defendants because they “transacted business in Ohio, engaged in business acts in Ohio and/or caused a No. 24-3795 Carbone v. Kaal, et al. Page 3

tortious injury through events occurring in Ohio.” R. 1, PageID 6. In particular, ETA and OSSA maintain websites with servers located in Ohio.

ETA’s website has a portal that allows its members to discuss and vote on business matters. Carbone contends that Defendants used the ETA website to engage in business dealings, publish defamatory statements about him, and vote on his removal from the DAOs. He also asserts that the defamatory statements “had to ‘hit’ or ‘pass through’” the Ohio-based server to reach other members. R. 32-1, PageID 407. As for OSSA’s website, Carbone states that members used it to communicate and conduct business activities. And he attests that Defendants “would or should have had access to information regarding the location of the server[s].” Id. at 408.

Defendants moved to dismiss Carbone’s complaint for, among other reasons, lack of personal jurisdiction. In support of their motions to dismiss, Defendants proffered evidence that third parties selected the server locations for them. Charles Wismer stated that ETA gave him a grant to construct the ETA website. No one directed him to use a server in Ohio, nor did he discuss the server’s location with Defendants. Instead, Wismer chose a server in Ohio “based upon cost and [his] experience.” R. 11-1, PageID 114. Similarly, OSSA hired a third-party vendor to develop its website. No one at OSSA told the vendor to use an Ohio-based server, and there was “no specific reason” the vendor chose to do so. R. 27-2, PageID 278.

The district court determined that it could not exercise personal jurisdiction over Defendants and granted the motions to dismiss. Carbone now appeals.

II.

A plaintiff filing a lawsuit in federal court bears the burden of establishing a prima facie case that the district court can maintain personal jurisdiction over each defendant. Peters Broad. Eng’g, Inc. v. 24 Cap., LLC, 40 F.4th 432, 437 (6th Cir. 2022). He can meet this initial burden “merely through the complaint.” Malone v. Stanley Black & Decker, Inc., 965 F.3d 499, 504 (6th Cir. 2020) (citation omitted). This requires “establish[ing], with reasonable particularity, sufficient contacts between the defendant and the forum state to satisfy the relevant long-arm statute and the Due Process Clause.” Id. (citations omitted). No. 24-3795 Carbone v. Kaal, et al. Page 4

If the plaintiff makes a prima facie case of personal jurisdiction, the burden shifts to the defendant. Peters Broad. Eng’g, 40 F.4th at 437. The defendant must support its motion to dismiss with evidence showing that the district court lacks jurisdiction over it. Id.

If the defendant provides such evidence, then the burden shifts back to the plaintiff. Id. At that point, the plaintiff “may no longer stand on his pleadings but must, by affidavit or otherwise, set forth specific facts showing that the court has jurisdiction.” Id. at 437–38 (internal quotation marks omitted). And the plaintiff must establish the district court’s jurisdiction “over each defendant independently.” Beydoun v. Wataniya Rests. Holding, Q.S.C., 768 F.3d 499, 504 (6th Cir. 2014) (quotation omitted).

When a district court grants a motion to dismiss under Rule 12(b)(2) of the Federal Rules of Civil Procedure without conducting an evidentiary hearing, as the court did here, we consider the pleadings and affidavits in the light most favorable to the nonmovant. Anwar v. Dow Chem. Co., 876 F.3d 841, 847 (6th Cir. 2017). Moreover, we do not weigh “the controverting assertions of the party seeking dismissal.” Id. (quotation omitted).

We review de novo the district court’s decision granting a motion to dismiss for lack of personal jurisdiction. Blessing v. Chandrasekhar, 988 F.3d 889, 901 (6th Cir. 2021).

III.

By filing an action against Defendants in the district court, Carbone invoked that court’s diversity jurisdiction. U.S. Const. art. III, § 2; 28 U.S.C. 1332(a).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
140 F.4th 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-carbone-v-wulf-kaal-ca6-2025.