It also noted that Wakefield had brought several previous suits against Deer in British courts. "In each instance the case has been dropped by Mr. Wakefield," it said.
Deer and BMJ also ridiculed Wakefield's choice of a Texas court in bringing the suit, rather than "in London, as might be expected as it concerns a predominantly English publication."
The suit cited the "Texas Long-Arm Statute" as justification for the venue, insofar as BMJ "direct[s] a significant and regular flow of publications, including periodicals, journals, articles, subscriptions, and electronic media to institutional and individual residents of this state."
Libel and defamation suits brought by famous people have traditionally been more difficult to win in the U.S. than in Britain. A landmark 1964 Supreme Court decision, New York Times v. Sullivan, ruled that public figures must prove that untrue, derogatory statements about them were deliberate lies or made with "reckless disregard" for the truth.