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Judge Failla keeps the Wall Street Journal and New York Post's suit against Perplexity in New York, rejecting its bid to dismiss for lack of jurisdiction or move the case to California

On Aug. 21, 2025, Judge Katherine Polk Failla denied in full Perplexity's motion to dismiss Dow Jones and NYP Holdings' second amended complaint for lack of personal jurisdiction and improper venue, or to transfer it to the Northern District of California, and to dismiss claims on ten works registered after suit was filed. The publishers allege that Perplexity copies their articles into a retrieval-augmented generation index and reproduces them in answers, and that it attributes invented text to them. The 61-page opinion finds Perplexity transacts business in New York through a leased office, New York staff who maintain the site, and a site aimed at New Yorkers, and that the injury was felt in New York; holds venue proper; declines transfer because the publishers' choice of forum outweighs the location of Perplexity's engineers; and holds the California forum-selection clause in Perplexity's user terms does not bind publishers who used the service only to investigate their claims. Claims on the ten later-registered works stay in, since dismissal would only force a refiling. The parties were ordered to submit a case plan by Sept. 19, 2025.