Heritage Pacific Financial v. Shelton Investigations, No. ____ (E.D. Tex. Dec. 14, 2009)
STATUS: Pending
After defendant Shelton Investigations authored a post on complaintsboard.com accusing Heritage Pacific of not paying it for work it did for them, Heritage Pacific (a collections business) brought suit against Shelton Investigations and the owner of complaintsboard.com, Elizabeth Arden. Plaintiffs alleged defamation, libel, libel per se, and slander. On Dec. 14, a magistrate judge denied plaintiff's request for a preliminary injuction, noting that the plaintiff had not yet offered sufficient evidence that the court has personal jurisdiction over defendants, or that they had a likelihood of success on the merits. 2009 WL 4983810.
As of Feb. 8, 2010, the offensive post was still on the site.
Links and court documents
Texas financial company sues after negative comments on Web site, The Southeast Texas Record, Nov. 24, 2009
Carl v. BernardJCarl.com, No. 1:07-cv-1128 (D.C. Va., order filed Sept. 30,2009)
STATUS: Pending
The plaintiff, a trained lawyer named Bernard J. Carl, was a founder of a private equity firm called Brazos Europe, Inc. This company attempted to acquire a small luxury brand in France; as part of the acquisition process, Brazos retained a French law firm. Unbeknownst to plaintiff, the French law firm subcontracted some work to Fabrice Marchisio, a partner in the French law firm Cotty Vivant Marchisio & Lauzeral. As a result of this work, Marchisio alleged that he was owed money by the plaintiff. Plaintiff refused to pay, and Marchisio and his firm brought suit in French court to recover the disputed fee; this suit failed.
After the case failed, Marchisio bought the domain name "bernardjcarl.com," and, as the sole content on the site, posted a letter from Marchisio to Carl (and his partner in Brazos, Sharon Fairbanks), asking them to please pay their bill. For example: "You enver complained about the quality of the our input but surprisingly 'disappeared' when invoice payment was due. We have tried to contact you many times since then.... but silence was the only answer. Have you forgotten our phone numbers?"
Carl brought suit in the Eastern District of Virginia, alleging false representation under federal trademark law, cybersquatting, cyberpiracy, and common law libel. The judge dismissed all but the libel claims on September 30.
Links and court documents
Sept. 30 Order
STATUS: Pending
The plaintiff, a trained lawyer named Bernard J. Carl, was a founder of a private equity firm called Brazos Europe, Inc. This company attempted to acquire a small luxury brand in France; as part of the acquisition process, Brazos retained a French law firm. Unbeknownst to plaintiff, the French law firm subcontracted some work to Fabrice Marchisio, a partner in the French law firm Cotty Vivant Marchisio & Lauzeral. As a result of this work, Marchisio alleged that he was owed money by the plaintiff. Plaintiff refused to pay, and Marchisio and his firm brought suit in French court to recover the disputed fee; this suit failed.
After the case failed, Marchisio bought the domain name "bernardjcarl.com," and, as the sole content on the site, posted a letter from Marchisio to Carl (and his partner in Brazos, Sharon Fairbanks), asking them to please pay their bill. For example: "You enver complained about the quality of the our input but surprisingly 'disappeared' when invoice payment was due. We have tried to contact you many times since then.... but silence was the only answer. Have you forgotten our phone numbers?"
Carl brought suit in the Eastern District of Virginia, alleging false representation under federal trademark law, cybersquatting, cyberpiracy, and common law libel. The judge dismissed all but the libel claims on September 30.
Links and court documents
Sept. 30 Order
Nemet Chevy v. Consumeraffairs.com, No. 08-2097, 2009 WL 5126224 (4th Cir. Dec. 29, 2009)
STATUS: Dismissed.
Nemet Chevrolet brought suit against Consumeraffairs.com for defamation, alleging that certain posts (uploaded by third parties) defamed Nemet. The defendants argued that they were entitled to s.230 immunity, and the district court agreed. On appeal, the Fourth Circuit affirmed, holding that the plaintiff's well-pled allegations left no more than "the mere possibility" that Consumeraffairs.com was responsible for the creation or development of the content at issue.
Links and court documents
Decision from the Fourth Circuit
Consumer Review Website Wins 230 Dismissal in Fourth Circuit, Technology & Marketing Law Blog, Dec. 29, 2009
Nemet v. Consumeraffairs.com, Citizen Media Law Project
[hyperlinked title], Publication, Date
Nemet Chevrolet brought suit against Consumeraffairs.com for defamation, alleging that certain posts (uploaded by third parties) defamed Nemet. The defendants argued that they were entitled to s.230 immunity, and the district court agreed. On appeal, the Fourth Circuit affirmed, holding that the plaintiff's well-pled allegations left no more than "the mere possibility" that Consumeraffairs.com was responsible for the creation or development of the content at issue.
Links and court documents
Decision from the Fourth Circuit
Consumer Review Website Wins 230 Dismissal in Fourth Circuit, Technology & Marketing Law Blog, Dec. 29, 2009
Nemet v. Consumeraffairs.com, Citizen Media Law Project
[hyperlinked title], Publication, Date
Horizon Group Management v. Bonnen, No. 2009L008675 (Ill. Cir. Ct., Cook County filed July 20, 2009).
Status: Dismissed.
Horizon Group Management, which owns the apartment that defendant Amanda Bonnen rents, sued her for a Tweet she sent to a friend (but publicly available on her Twitter feed), apparently about plans for the friend to stay at her apartment.
"You should just come anyway," the Tweet said. "Who said sleeping in moldy apartment was bad for you? Horizon realty thinks its okay."
Update: On Jan. 20th, the Cook County Circuit Court judge dismissed the case with prejudice, finding that the Tweet could have been innocently construed to reflect the plaintiff's opinion.
Links and Court Documents:
Rounding Up the Buzz... Will one Chicago woman's Tweet cost her $50,000?, Chicago Bar-Tender, July 27, 2009
Complaint at http://www.chicagonow.com/blogs/chicago-bar-tender/Twitter%20lawsuit.pdf
Twitter apartment mold suit dismissed, Chicago Breaking News, Jan. 21, 2010
Judge tosses Twitter libel suit, WBBM 780, Jan. 22, 2010
Court's order dismissing suit, filed Jan. 20, 2010
Status: Dismissed.
Horizon Group Management, which owns the apartment that defendant Amanda Bonnen rents, sued her for a Tweet she sent to a friend (but publicly available on her Twitter feed), apparently about plans for the friend to stay at her apartment.
"You should just come anyway," the Tweet said. "Who said sleeping in moldy apartment was bad for you? Horizon realty thinks its okay."
Update: On Jan. 20th, the Cook County Circuit Court judge dismissed the case with prejudice, finding that the Tweet could have been innocently construed to reflect the plaintiff's opinion.
Links and Court Documents:
Rounding Up the Buzz... Will one Chicago woman's Tweet cost her $50,000?, Chicago Bar-Tender, July 27, 2009
Complaint at http://www.chicagonow.com/blogs/chicago-bar-tender/Twitter%20lawsuit.pdf
Twitter apartment mold suit dismissed, Chicago Breaking News, Jan. 21, 2010
Judge tosses Twitter libel suit, WBBM 780, Jan. 22, 2010
Court's order dismissing suit, filed Jan. 20, 2010
Apex Tech. Group, Inc. v. John Doe(s) 1-10, No. MID-L-7879-09 (N.J. Super. Ct., filed Dec. 23, 2009)
Status: Pending
A staffing and consulting services company ("Apex") brought suit against three websites -- http://www.endh1b.com/, http://www.itgrunt.com/, http://www.guestworkerfraud.com/ -- that allegedly posted defamatory comments about Apex, calling it a "bodyshop" and accusing it of engaging in bad practices while staffing H1-B workers from India. (The H1-B is a visa that allows American employers to use foreign workers in specialty occupations.) After the plaintiff filed an order to show cause, the court ordered Comcast, Yahoo!, and Facebook to turn over all documents relating to the identity of the owners of the websites. The court also enjoined the three websites, ordering them to remove all postings and references to the plaintiff. Finally, the court ordered discountASP.net, GoDaddy.com, and Domains by Proxy, Inc. to shut down and disable the websites "until further notice of this Court."
Links and court documents:
Order shutting down websites, filed Dec. 23, 2009
H1B spat unites activities, xenophobes against common enemy, Ars Technica, Dec. 30, 2009
Order to Shut Down Websites Critical of Apex Technology Group is Dangerous and Wrong, Electronic Frontier Foundation, Jan. 7, 2010
Get to Work: Court order shuts web sites over H1-B fracas, San Francisco Chronicle, Jan. 11, 2010
A staffing and consulting services company ("Apex") brought suit against three websites -- http://www.endh1b.com/, http://www.itgrunt.com/, http://www.guestworkerfraud.com/ -- that allegedly posted defamatory comments about Apex, calling it a "bodyshop" and accusing it of engaging in bad practices while staffing H1-B workers from India. (The H1-B is a visa that allows American employers to use foreign workers in specialty occupations.) After the plaintiff filed an order to show cause, the court ordered Comcast, Yahoo!, and Facebook to turn over all documents relating to the identity of the owners of the websites. The court also enjoined the three websites, ordering them to remove all postings and references to the plaintiff. Finally, the court ordered discountASP.net, GoDaddy.com, and Domains by Proxy, Inc. to shut down and disable the websites "until further notice of this Court."
Links and court documents:
Order shutting down websites, filed Dec. 23, 2009
H1B spat unites activities, xenophobes against common enemy, Ars Technica, Dec. 30, 2009
Order to Shut Down Websites Critical of Apex Technology Group is Dangerous and Wrong, Electronic Frontier Foundation, Jan. 7, 2010
Get to Work: Court order shuts web sites over H1-B fracas, San Francisco Chronicle, Jan. 11, 2010
Freeman v. Swift, No. 27CV089585 (Minn. Ct. App., filed Dec. 29, 2009)
Status: Pending.
When a nonprofit corporation that operated a juvenile sex-offender treatment facility (named "Nexus") announced plans for the facility's relocation, a number of people had objections to the relocation plans. One of these people was Janette J. Swift, the founder and leader of a citizen-based group that attended numerous meetings and presented petitions to government bodies involved. Swift communicated with her state representatives, was quoted in news articles, and also established a website and blog.
On Swift's blog, she alleged that the CEO of the facility, James D'Angelo, had made "death threats," and also made derogatory comments about his character while responding to false reports about D'Angelo's suicide. She also e-mailed the supervisor of Peter Freeman, a voluntary board member of the Nexus facility, stating that her e-mail concerned "one of your faculty members who is engaging in unethical, immoral, and possibly even illegal behavior," and sought the supervisor's help in ending Freeman's activities with regard to Nexus. D'Angelo and Freeman brought suit, alleging defamation.
Initially, Swift sought to dismiss the lawsuit under the local anti-SLAPP law, Minn. Stat. s. 554.02, subd. 2(3) (2008); she argued she was immune to liability because her statements constituted "public participation." The lower court denied the motion to dismiss, holding that the statements were not genuinely aimed at procuring favorable government action, and that the plaintiffs had provided "clear and convincing" proof that her statements constituted defmation, which was exempted under the statute. On appeal, the Minnesota Court of Appeals agreed that Swift's speech was not aimed at procuring favorable government action, but rather aimed at creating ill will toward Freeman and D'Angelo. The court declined to address whether the plaintiffs had provided "clear and convincing" proof that her statements constituted defamation.
This was the first case in Minnesota to consider what constitutes "public participation" under the statute.
Links and court documents
Court rejects blogger's anti-SLAPP defense, Courthouse News Service, Jan. 8, 2010
Dec. 2009 opinion, affirming denial of Swift's motion to dismiss
When a nonprofit corporation that operated a juvenile sex-offender treatment facility (named "Nexus") announced plans for the facility's relocation, a number of people had objections to the relocation plans. One of these people was Janette J. Swift, the founder and leader of a citizen-based group that attended numerous meetings and presented petitions to government bodies involved. Swift communicated with her state representatives, was quoted in news articles, and also established a website and blog.
On Swift's blog, she alleged that the CEO of the facility, James D'Angelo, had made "death threats," and also made derogatory comments about his character while responding to false reports about D'Angelo's suicide. She also e-mailed the supervisor of Peter Freeman, a voluntary board member of the Nexus facility, stating that her e-mail concerned "one of your faculty members who is engaging in unethical, immoral, and possibly even illegal behavior," and sought the supervisor's help in ending Freeman's activities with regard to Nexus. D'Angelo and Freeman brought suit, alleging defamation.
Initially, Swift sought to dismiss the lawsuit under the local anti-SLAPP law, Minn. Stat. s. 554.02, subd. 2(3) (2008); she argued she was immune to liability because her statements constituted "public participation." The lower court denied the motion to dismiss, holding that the statements were not genuinely aimed at procuring favorable government action, and that the plaintiffs had provided "clear and convincing" proof that her statements constituted defmation, which was exempted under the statute. On appeal, the Minnesota Court of Appeals agreed that Swift's speech was not aimed at procuring favorable government action, but rather aimed at creating ill will toward Freeman and D'Angelo. The court declined to address whether the plaintiffs had provided "clear and convincing" proof that her statements constituted defamation.
This was the first case in Minnesota to consider what constitutes "public participation" under the statute.
Links and court documents
Court rejects blogger's anti-SLAPP defense, Courthouse News Service, Jan. 8, 2010
Dec. 2009 opinion, affirming denial of Swift's motion to dismiss
Blockowicz v. Williams, No. 09-C-3955 (N.D. Ill. Dec. 21, 2009)
Status: Bloggers enjoined after default judgment.
The Blockowicz family brought suit against defendants Joseph David Williams and Michelle Ramey after they allegedly posted defamatory statements on various websites. The defendants defaulted, and on Oct. 6, 2009, the court entered a permanent injunction requiring the defendants to remove their postings from the websites. The plaintiffs, however, were unable to contact the defendants; instead they approached third party providers of the websites. One of these, RipoffReport.com, refused to comply, arguing the court had no jurisdiction over them. The court agreed, finding the provider was not "acting in concert or legally identified" with the enjoined party as required for the court to enforce an injunction against a non-party under F.R.C.P. 65(d). Accordingly, the court denied the Blockowicz's motion to compel.
Links and court documents
Opinion denying motion to compel, filed Dec. 21, 2009
Ripoff Report Not Bound by Takedown Injunction Against User - Blockowicz v. Williams, Technology & Law Marketing Blog, Dec. 22, 2009
Court Allows Libelous Post To Remain Online, MediaPost Blogs, Dec. 24, 2009
The Blockowicz family brought suit against defendants Joseph David Williams and Michelle Ramey after they allegedly posted defamatory statements on various websites. The defendants defaulted, and on Oct. 6, 2009, the court entered a permanent injunction requiring the defendants to remove their postings from the websites. The plaintiffs, however, were unable to contact the defendants; instead they approached third party providers of the websites. One of these, RipoffReport.com, refused to comply, arguing the court had no jurisdiction over them. The court agreed, finding the provider was not "acting in concert or legally identified" with the enjoined party as required for the court to enforce an injunction against a non-party under F.R.C.P. 65(d). Accordingly, the court denied the Blockowicz's motion to compel.
Links and court documents
Opinion denying motion to compel, filed Dec. 21, 2009
Ripoff Report Not Bound by Takedown Injunction Against User - Blockowicz v. Williams, Technology & Law Marketing Blog, Dec. 22, 2009
Court Allows Libelous Post To Remain Online, MediaPost Blogs, Dec. 24, 2009
NAPW, Inc. v. Google, No. ___ (N.Y. Sup. Ct., filed Dec. __, 2009)
Status: Pending
A national women's group, NAPW, and its president sought an injunction as well as damages arising from misappropriation of their names for trade and advertising purposes, as well as defamation. They brought suit against Google and various Doe defendants because four blogs operated by Google services allegedly defamed the plaintiffs. They sought an injunction to order Google to remove and delete the offending posts "pending resolution through trial," as well as to disclose information for the Doe defendants. The four defamatory posts, as listed in the complaint, are:
- http://knol.google.com/k/national-association-of-professional-women-napw-scam
- ed-tech-axis.blogspot.com/2009/01/national-association-of-professional.html
- lopezhome.blogspot.com
- http://womenworksmart.blogspot.com/2008/08/watch-out-for-scams-attacking-new.html
As of January 6, all offending posts were still available.
Links and court documents:
Bloggers Defamed Women's Group, Says Suit, Courthouse News Service, Dec. 31, 2009
Complaint
See also:
NAPW, Inc. v. East Cooper Entrepreneurial Women
A national women's group, NAPW, and its president sought an injunction as well as damages arising from misappropriation of their names for trade and advertising purposes, as well as defamation. They brought suit against Google and various Doe defendants because four blogs operated by Google services allegedly defamed the plaintiffs. They sought an injunction to order Google to remove and delete the offending posts "pending resolution through trial," as well as to disclose information for the Doe defendants. The four defamatory posts, as listed in the complaint, are:
- http://knol.google.com/k/national-association-of-professional-women-napw-scam
- ed-tech-axis.blogspot.com/2009/01/national-association-of-professional.html
- lopezhome.blogspot.com
- http://womenworksmart.blogspot.com/2008/08/watch-out-for-scams-attacking-new.html
As of January 6, all offending posts were still available.
Links and court documents:
Bloggers Defamed Women's Group, Says Suit, Courthouse News Service, Dec. 31, 2009
Complaint
See also:
NAPW, Inc. v. East Cooper Entrepreneurial Women
NAPW, Inc. v. East Cooper Entrepreneurial Women, No. ____ (N.Y. Sup. Ct. Dec. __, 2009)
Status: Pending
A women's group sought an injunction from New York Supreme Court in order to have an offending blog post removed. The group, NAPW, Inc., claimed that a blog post by a competing organization ECEW, defamed it by calling NAPW a "scam." They also claimed that ECEW's post "attracted further defamatory posts, for which ECEW is liable."
Links and Court Documents
Bloggers Defamed Women's Group, Says Suit, Courthouse News Service, Dec. 31, 2009
Complaint: http://www.courthousenews.com/2009/12/31/NAPW2
See also:
NAPW, Inc. v. Google
A women's group sought an injunction from New York Supreme Court in order to have an offending blog post removed. The group, NAPW, Inc., claimed that a blog post by a competing organization ECEW, defamed it by calling NAPW a "scam." They also claimed that ECEW's post "attracted further defamatory posts, for which ECEW is liable."
Links and Court Documents
Bloggers Defamed Women's Group, Says Suit, Courthouse News Service, Dec. 31, 2009
Complaint: http://www.courthousenews.com/2009/12/31/NAPW2
See also:
NAPW, Inc. v. Google
Siegal v. Kardashian, No. 09-93439 CA 15 (Fla. Cir. Ct. Dec. 29, 2009)
Status: Pending
Dr. Siegal's Cookie Diet website has a page that links to news articles and press mentions of the diet. Several of these links suggested that Kim Kardashian was a fan of the diet. In October 2009, she took it upon herself to Tweet that she thought the diet was "unhealthy" and that the company was lying. On Dec. 25, her lawyers sent the site a cease and desist letter, asking that references to Kardashian be taken down.
Dr. Siegal brought suit Dec. 29, alleging that both the doctor and his company were defamed by the Tweets.
As of Jan. 6, 2010, there are no links on The Cookie Diet site to Kardashian.
Case information and links:
Complaint, filed Dec. 28, 2009
Kim Kardashian Sued for Twitter Defamation, THR, Esq., Jan. 4, 2010
Kim K: I'm Being Used by a Cookie Monster, TMZ.com, Dec. 25, 2009
Siegal v. Kardashian, Citizen Media Law Project,
Dr. Siegal's Cookie Diet website has a page that links to news articles and press mentions of the diet. Several of these links suggested that Kim Kardashian was a fan of the diet. In October 2009, she took it upon herself to Tweet that she thought the diet was "unhealthy" and that the company was lying. On Dec. 25, her lawyers sent the site a cease and desist letter, asking that references to Kardashian be taken down.
Dr. Siegal brought suit Dec. 29, alleging that both the doctor and his company were defamed by the Tweets.
As of Jan. 6, 2010, there are no links on The Cookie Diet site to Kardashian.
Case information and links:
Complaint, filed Dec. 28, 2009
Kim Kardashian Sued for Twitter Defamation, THR, Esq., Jan. 4, 2010
Kim K: I'm Being Used by a Cookie Monster, TMZ.com, Dec. 25, 2009
Siegal v. Kardashian, Citizen Media Law Project,
CRIMINAL CASE: U.S. v. White, Crim. No. 08-00054 (W.D. Va.. 2008).
Status: Conviction on four of seven counts.
Although similar charges in Illinois federal court were dismissed, neo-Nazi leader William White was separately charged with several crimes stemming from alleged threats that he sent via e-mail and posted on his website (www.overthrow.com; now defunct).
The court denied a motion to dismiss the claims on First Amendment grounds on Dec. 3, 2009, and the trial began the following week.
After a eight-day trial, the jury convicted White on four counts, involving threats to a Citibank employee from Missouri, an administrator at the University of Delaware, a human rights lawyer from Canada and two tenants of an apartment complex in Virginia Beach. The jury acquitted White on two counts alleging threats against nationally syndicated Miami Herald columnist Leonard Pitts, and the former mayor of South Harrison township, N.J. It also acquitted White on a charge that the threats against the Citibank employee were made with intent to extort.
White could be sentenced to as much as 35 years in prison.
Links and Court Documents:
Leader of American National Socialist Workers Party Indicted, U.S. Dept. of Justice (press release), Dec. 11, 2008 (pdf)
Dismissed charges in Chicago might not affect Roanoke case, Roanoke Times, July 26, 2009.
Trial could have anonymous jury, Roanoke Times, Nov. 26, 2009.
Judge: White trial will proceed, Roanoke Times, Dec. 3, 2009.
Neo-Nazi White's trial begins today, Roanoke Times, Dec. 9, 2009.
U.S. v. William White trial blog, Roanoke Times
Jury finds White guilty on 4 counts, Roanoke Times, Dec. 19, 2009.
Status: Conviction on four of seven counts.
Although similar charges in Illinois federal court were dismissed, neo-Nazi leader William White was separately charged with several crimes stemming from alleged threats that he sent via e-mail and posted on his website (www.overthrow.com; now defunct).
The court denied a motion to dismiss the claims on First Amendment grounds on Dec. 3, 2009, and the trial began the following week.
After a eight-day trial, the jury convicted White on four counts, involving threats to a Citibank employee from Missouri, an administrator at the University of Delaware, a human rights lawyer from Canada and two tenants of an apartment complex in Virginia Beach. The jury acquitted White on two counts alleging threats against nationally syndicated Miami Herald columnist Leonard Pitts, and the former mayor of South Harrison township, N.J. It also acquitted White on a charge that the threats against the Citibank employee were made with intent to extort.
White could be sentenced to as much as 35 years in prison.
Links and Court Documents:
Leader of American National Socialist Workers Party Indicted, U.S. Dept. of Justice (press release), Dec. 11, 2008 (pdf)
Dismissed charges in Chicago might not affect Roanoke case, Roanoke Times, July 26, 2009.
Trial could have anonymous jury, Roanoke Times, Nov. 26, 2009.
Judge: White trial will proceed, Roanoke Times, Dec. 3, 2009.
Neo-Nazi White's trial begins today, Roanoke Times, Dec. 9, 2009.
U.S. v. William White trial blog, Roanoke Times
Jury finds White guilty on 4 counts, Roanoke Times, Dec. 19, 2009.
CRIMINAL CASE: Oklahoma v. King (2008 criminal defamation investigation)
Status: No charges filedSeparate criminal complaints were made by Pittsburg County, Okla. District Attorney Jim Bob Miller; and Billie Jean Stipe, and her son Wayne Stripe of McAlester, Okla., against McAlester Watercooler (http://www.mccooler.net/) publisher Harold King. (Billie Jean Stipe is the widow of businessman Francis Stipe, who was the brother of former State Senator Gene Stipe, who filed a 2005 complaint against the same site.) After Miller recused himself, the case was referred to Kay County District Attorney Mark Gibson for investigation. Although no charges were filed against King over the site, although District Attorney Miller agreed not to seek re-election as part of a deferred prosecution agreement over his efforts to discover the identities of posters to the McAlester Watercooler site.
CRIMINAL CASE: U.S. v. Turner, Crim. No. 09-542 (N.D. Ill. 2009), moved, No. 09-____ (E.D. N.Y. 2009).
Status: Mistrial declared Dec. 7, 2009; retrial scheduled for Feb. 1, 2010.On June 3, 2009, blogger and Internet radio host Hal Turner, a white supremacist who broadasct from his home in North Bergen, N.J., surrendered to police for comments on his program that were alleged to constitute threats to two Connecticut elected officials and a state ethics official (see Connecticut v. Turner).
Two weeks later, the FBI arrested Turner for alleged threats against three judges of the federal 7th Circuit Court of Appeals in Chicago. In September, the case was moved to the federal district court in Brooklyn, N.Y., where trial began Dec. 2, 2009. After a four-day trial, the jury announced that it was deadlocked and Federal Judge Donald Walter declared a mistrial. A retrial is scheduled for Feb. 1, 2010.
His lawyer is arguing that the comments were "political hyperbole" protected by the First Amendment.
Links and Court Documents:
U.S. v. Turner (Citizen Media Law Project)
Blogger arrested in threats on federal judges (Chicago Breaking News Center, June 24, 2009)
Tracing Xenophobic Internet Chatter to Its Roots in New Jersey Town (New York Times, June 30, 2009)
Man accused of judge threats called FBI informant (Associated Press, July 28, 2009)
CRIMINAL CASE: Florida v. Isaias Antonio, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Victor Cruz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Felix Cuevas, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Richard Figueroa-Santiago, No. 08-021458CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Antonio Germiniano, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Devin Goldie, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Miguel Jimenez, Jr., (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Erik Hernandez, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Uriel Lujan, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Yan Rocha, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Obduella Soto, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Pablo Ortega, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Priscilla Ortiz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Elvis Eladio Rodriguez, No. 08-000169CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Marcos Santiago, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
In what appears to be the first use of a new Florida law that criminalizes the promotion of gangs on the Internet, the Lee County Sheriff’s Office arrested 15 men over the contents of their MySpace pages, which prosecutors claim advertised and promoted gang membership.
The suspects ranged in age from 14 to 58 years old, and from those with long criminal records to those with no previous arrests. Prosecutors contended that many of them had displayed their gang membership and criminal intentions on MySpace and other web sites. Examples cited by prosecutors included a 15-year-old's "hit list" of "people I wanna kill," and a 14-year-old's posted pictures of himself dressed in gang colors and displaying gang hand signals.
On August 4, Florida District Court Judge Ramiro Mañalich heard arguments from attorneys from two of the defendants, Richard Omar Figueroa-Santiago and Elvis Eladio Rodriguez, both contending that the statute is unconstitutional.
It is unclear whether Judge Ramiro Mañalich has decided the question, but the case is proceeding, with a pre-trial conference held on Dec. 8.
Case Information and Links:
14 accused gang members arrested in Internet recruiting bust (Naples News, Nov. 14, 2008)
Lee County notches 15th arrest in effort to curb gang activity via the Internet (Naples News, Nov. 17, 2008)
Busted on Myspace: Two men headed to court for gang material on Web sites (Naples News, July 28, 2009)
Are gang-related Web postings illegal? Judge listens to arguments (Naples News, Aug. 4, 2009)
CRIMINAL CASE: Florida v. Victor Cruz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Felix Cuevas, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Richard Figueroa-Santiago, No. 08-021458CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Antonio Germiniano, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Devin Goldie, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Miguel Jimenez, Jr., (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Erik Hernandez, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Uriel Lujan, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Yan Rocha, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Obduella Soto, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Pablo Ortega, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Priscilla Ortiz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Elvis Eladio Rodriguez, No. 08-000169CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Marcos Santiago, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
In what appears to be the first use of a new Florida law that criminalizes the promotion of gangs on the Internet, the Lee County Sheriff’s Office arrested 15 men over the contents of their MySpace pages, which prosecutors claim advertised and promoted gang membership.
The suspects ranged in age from 14 to 58 years old, and from those with long criminal records to those with no previous arrests. Prosecutors contended that many of them had displayed their gang membership and criminal intentions on MySpace and other web sites. Examples cited by prosecutors included a 15-year-old's "hit list" of "people I wanna kill," and a 14-year-old's posted pictures of himself dressed in gang colors and displaying gang hand signals.
On August 4, Florida District Court Judge Ramiro Mañalich heard arguments from attorneys from two of the defendants, Richard Omar Figueroa-Santiago and Elvis Eladio Rodriguez, both contending that the statute is unconstitutional.
It is unclear whether Judge Ramiro Mañalich has decided the question, but the case is proceeding, with a pre-trial conference held on Dec. 8.
Case Information and Links:
14 accused gang members arrested in Internet recruiting bust (Naples News, Nov. 14, 2008)
Lee County notches 15th arrest in effort to curb gang activity via the Internet (Naples News, Nov. 17, 2008)
Busted on Myspace: Two men headed to court for gang material on Web sites (Naples News, July 28, 2009)
Are gang-related Web postings illegal? Judge listens to arguments (Naples News, Aug. 4, 2009)
Devenyns v. Albero, No. 22C09001273 (Md. Cir. Ct., Wicomico County filed July 24, 2009).
Status: Summary judgment motion pending.
Wicomico County Detention Center director Douglas Devenyns sued Joseph Albero over an anonymous comment posted on his Salisbury News blog site (sbynews.com) claiming that Devenyns is a "sexual predator," who shortened the sentences of female inmates who had sex with him.
While Albero would normally be exempt from liability for comments posted to his site by others under section 230 of the federal Communications Decency Act, the suit claims that Albero lost this protection by selecting which comments submitted to the site would and would not be posted.
On Nov. 30, 2009, the court granted Albero's motion for summary judgment.
Links and Court Documents:
Detention Center director sues blogger (DelMarVa Now, July 30, 2009)
Detention Center director's lawsuit against blogger dismissed (DelMarVa Now,Dec. 1, 2009)
Status: Summary judgment motion pending.
Wicomico County Detention Center director Douglas Devenyns sued Joseph Albero over an anonymous comment posted on his Salisbury News blog site (sbynews.com) claiming that Devenyns is a "sexual predator," who shortened the sentences of female inmates who had sex with him.
While Albero would normally be exempt from liability for comments posted to his site by others under section 230 of the federal Communications Decency Act, the suit claims that Albero lost this protection by selecting which comments submitted to the site would and would not be posted.
On Nov. 30, 2009, the court granted Albero's motion for summary judgment.
Links and Court Documents:
Detention Center director sues blogger (DelMarVa Now, July 30, 2009)
Detention Center director's lawsuit against blogger dismissed (DelMarVa Now,Dec. 1, 2009)
Robinson v. Albero, No. 0203SP009122009 (Md. Cir. Ct., Wicomico County filed Nov. 10, 2009)
Status: Dismissed
The owner of Robinson's Jewelry and Clock Store in Salisbury, Md. filed to obtain a peace order against blogger Joe Albero, over postings on his Salisbury News blog site (sbynews.com). The court dismissed the petition at a Nov. 25 hearing.
On Nov. 17, Robinson filed a civil suit over the postings.
Links and Court Documents:
Lawsuit accompanies charges against blogger (DelmarvaNow!, Nov. 19, 2009).
Peace order against blogger dismissed (DelmarvaNow!, Nov. 26, 2009).
Status: Dismissed
The owner of Robinson's Jewelry and Clock Store in Salisbury, Md. filed to obtain a peace order against blogger Joe Albero, over postings on his Salisbury News blog site (sbynews.com). The court dismissed the petition at a Nov. 25 hearing.
On Nov. 17, Robinson filed a civil suit over the postings.
Links and Court Documents:
Lawsuit accompanies charges against blogger (DelmarvaNow!, Nov. 19, 2009).
Peace order against blogger dismissed (DelmarvaNow!, Nov. 26, 2009).
CRIMINAL CASE: Commonwealth v. Ruffino, No. _____ (Mass. Dist. Ct., New Bedford filed Nov. 22, 2009).
Status: Pending.
Massachusetts police arrested Matthew Ruffino and Jason Foley after they allegedly posted a rap video on YouTube and MySpace that curses Ruffino's former probation officer and a state police trooper who ticketed Ruffino for driving with a suspended license. Both are cited by name in the video, followed by sounds of gunshots.
Ruffino and Foley are charged with threats to commit a crime, threats to use a firearm and witness intimidation. Both pleaded not guilty. On Nov. 30, they were denied bail.
Links and Court Documents:
Bail denied for local pair charged with threatening law enforcement officials in rap video (South Coast Today, Dec. 1, 2009)
Rap Video Threat Suspects Plead Not Guilty, More Arrests Possible (Associated Press, Nov. 23, 2009)
Singers arrested for YouTube video threatening cops (Boston Herald, Nov. 24, 2009)
508 Productions test First Amendment limits (South Coast Today, Nov. 24, 2009)
CRIMINAL CASE: U.S. v. Drew, Crim. No. 08-00582 (C.D. Cal. indictment filed May 15, 2008).
Status: conviction on three misdemeanor charges, acquittal on three of the felony charges, hung jury on one felony charge (C.D. Cal. Nov. 30, 2008); felony charge dismissed (Dec. 31, 2008); convictions rev'd on post-trial motions (preliminary ruling July 2, 2009).
Lori Drew created a fake MySpace page as part of scheme to find out how a particular 13-year-old girl felt about the woman’s daughter. She posed as a boy who flirted online with Megan Meier for a month. Then another girl who had a password to the account began sending nasty e-mails to Megan, and sent an e-mail breaking off the apparent relationship. Megan then committed suicide.
In early December 2007, St. Charles County prosecuting attorney Jack Banas announced that there was insufficient evidence to file harassment, stalking or child endangerment charges against Drew. Federal prosecutors in Missouri also said there was no basis for prosecution.
But in May 2008 a federal grand jury in California issued an indictment for conspiracy and computer fraud. The indictment claims jurisdiction with the California court based on the location of MySpace’s headquarters. On June 12. 2008, Drew pleaded not guilty. In August, the Electronic Frontier Foundation submitted a brief seeking dismissal of the case, arguing that the prosecution is misapplying a federal computer fraud statute.
In late November a jury convicted Drew of three misdemeanor charges of accessing MySpace’s computers without authorization in order to obtain information about the 13-year-old, acquitted her of three felony charges of unauthorized access to MySpace's servers in order to cause emotional distress, and reached a deadlock on one felony charge of conspiracy (which was dismissed at request of the prosecutor).
In July 2009, the judge threw out the convictions in a preliminary ruling on post-trial motions, with a written decision forthcoming.
The prosecutor filed a notice of appeal in late September 2009, but requires approval from U.S. Solicitor General Elena Kagan before the appeal proceeds.
Links and Court Documents:
No charges to be filed over Meier suicide Prosecutor says MySpace hoax doesn't cross criminal threshold (St. Charles, Mo. Journal, Dec. 3, 2007)
A Hoax Turned Fatal Draws Anger but No Charges (New York Times, Nov. 28, 2007)
L.A. grand jury issues subpoenas in Web suicide case (Los Angeles Times, Jan. 9, 2008)
Woman pleads innocent in Myspace hoax suicide case (Reuters, June 16, 2008)
EFF urges judge to dismiss MySpace case (CNet News, Aug. 4, 2008)
Govt: Cyberbullying is a New Phenomenon, as is Social Networking (Wall Street Journal Law Blog, Aug. 13, 2008)
Judge tentatively refuses to dismiss Internet case (Associated Press, Sept. 4, 2008)
Judge Throws Out Conviction in Cyberbullying Case (New York Times, July 2, 2009)
Prosecutor Dismisses Felony Charge In MySpace Case (Online Media Daily, Jan. 2, 2009)
Drew Case May Go To Higher Court (Online Media Daily, Sept. 28, 2009)
Prosecutors Drop Plans to Appeal Lori Drew Case (Wired "Threat Level" blog, Nov. 20, 2009).
>> EFF amicus brief
Status: conviction on three misdemeanor charges, acquittal on three of the felony charges, hung jury on one felony charge (C.D. Cal. Nov. 30, 2008); felony charge dismissed (Dec. 31, 2008); convictions rev'd on post-trial motions (preliminary ruling July 2, 2009).
Lori Drew created a fake MySpace page as part of scheme to find out how a particular 13-year-old girl felt about the woman’s daughter. She posed as a boy who flirted online with Megan Meier for a month. Then another girl who had a password to the account began sending nasty e-mails to Megan, and sent an e-mail breaking off the apparent relationship. Megan then committed suicide.
In early December 2007, St. Charles County prosecuting attorney Jack Banas announced that there was insufficient evidence to file harassment, stalking or child endangerment charges against Drew. Federal prosecutors in Missouri also said there was no basis for prosecution.
But in May 2008 a federal grand jury in California issued an indictment for conspiracy and computer fraud. The indictment claims jurisdiction with the California court based on the location of MySpace’s headquarters. On June 12. 2008, Drew pleaded not guilty. In August, the Electronic Frontier Foundation submitted a brief seeking dismissal of the case, arguing that the prosecution is misapplying a federal computer fraud statute.
In late November a jury convicted Drew of three misdemeanor charges of accessing MySpace’s computers without authorization in order to obtain information about the 13-year-old, acquitted her of three felony charges of unauthorized access to MySpace's servers in order to cause emotional distress, and reached a deadlock on one felony charge of conspiracy (which was dismissed at request of the prosecutor).
In July 2009, the judge threw out the convictions in a preliminary ruling on post-trial motions, with a written decision forthcoming.
The prosecutor filed a notice of appeal in late September 2009, but requires approval from U.S. Solicitor General Elena Kagan before the appeal proceeds.
Links and Court Documents:
No charges to be filed over Meier suicide Prosecutor says MySpace hoax doesn't cross criminal threshold (St. Charles, Mo. Journal, Dec. 3, 2007)
A Hoax Turned Fatal Draws Anger but No Charges (New York Times, Nov. 28, 2007)
L.A. grand jury issues subpoenas in Web suicide case (Los Angeles Times, Jan. 9, 2008)
Woman pleads innocent in Myspace hoax suicide case (Reuters, June 16, 2008)
EFF urges judge to dismiss MySpace case (CNet News, Aug. 4, 2008)
Govt: Cyberbullying is a New Phenomenon, as is Social Networking (Wall Street Journal Law Blog, Aug. 13, 2008)
Judge tentatively refuses to dismiss Internet case (Associated Press, Sept. 4, 2008)
Judge Throws Out Conviction in Cyberbullying Case (New York Times, July 2, 2009)
Prosecutor Dismisses Felony Charge In MySpace Case (Online Media Daily, Jan. 2, 2009)
Drew Case May Go To Higher Court (Online Media Daily, Sept. 28, 2009)
Prosecutors Drop Plans to Appeal Lori Drew Case (Wired "Threat Level" blog, Nov. 20, 2009).
>> EFF amicus brief
Brain Research Labs v. Clark, No. CGC-09-491932 (Cal. Super., San Fransisco County filed Aug. 27, 2009).
Status: Special motion to strike pending.
After filing a class action lawsuit against the makers of dietary supplement Procera AVH, the law firm Ropers, Majeski, Kohn & Bentley posted a video on YouTube titled "Beware of false claims made by a so-called dietary supplement Procera AVH," featuring partner Thomas Clarke Jr. warning of alleged dangers of the supplement.
Procera AVH maker Brain Research Labs then sued Clarke and the firm for libel over statements in the video. The defendants responded with a special motion to strike the lawsuit under California's anti-SLAPP statute. The court heard argument on the motion on Nov. 20.
Links and Court Documents:
Class Action Target Sues Law Firm for Defamation (The Recorder, Nov. 23, 2009)
>> YouTube video
>> Complaint
Status: Special motion to strike pending.
After filing a class action lawsuit against the makers of dietary supplement Procera AVH, the law firm Ropers, Majeski, Kohn & Bentley posted a video on YouTube titled "Beware of false claims made by a so-called dietary supplement Procera AVH," featuring partner Thomas Clarke Jr. warning of alleged dangers of the supplement.
Procera AVH maker Brain Research Labs then sued Clarke and the firm for libel over statements in the video. The defendants responded with a special motion to strike the lawsuit under California's anti-SLAPP statute. The court heard argument on the motion on Nov. 20.
Links and Court Documents:
Class Action Target Sues Law Firm for Defamation (The Recorder, Nov. 23, 2009)
>> YouTube video
>> Complaint
So Act Network v. Twitter, No. _____ (Ill. Cir. Ct., Cook County filed Nov. 16, 2009).
Status: Pending.
Social Action Network, operator of the social networking site SoAct!, filed a petition for pre-suit discovery naming Twitter, on order to obtain information to identify a tweeter who, using the pseudonym bobandscott, it alleges is sending defamatory messages about the company. (The tweets also appear on the Bob and Scott website.) According to the suit, the offending comments allege that So Act Network is involved in various financial frauds and stock manipulation.
Links and Court Documents:
SoAct wants Twitter to identify the users defaming it (Chicago Bar-Tender blog, Nov. 19, 2009).
>> Petition for pre-suit discovery
Status: Pending.
Social Action Network, operator of the social networking site SoAct!, filed a petition for pre-suit discovery naming Twitter, on order to obtain information to identify a tweeter who, using the pseudonym bobandscott, it alleges is sending defamatory messages about the company. (The tweets also appear on the Bob and Scott website.) According to the suit, the offending comments allege that So Act Network is involved in various financial frauds and stock manipulation.
Links and Court Documents:
SoAct wants Twitter to identify the users defaming it (Chicago Bar-Tender blog, Nov. 19, 2009).
>> Petition for pre-suit discovery
Robinson v. Albero, No. 0203SP009122009 (Md. Cir. Ct., Wicomico County filed Nov. 17, 2009)
Status: Pending
The owner of Robinson's Jewelry and Clock Store in Salisbury, Md. filed a civil suit against blogger Joe Albero, over postings on his Salisbury News blog site (sbynews.com). The suit was filed one week after Robinson sued to obtain a peace order against Albero.
Links and Court Documents:
Lawsuit accompanies charges against blogger (DelmarvaNow!, Nov. 19, 2009).
Status: Pending
The owner of Robinson's Jewelry and Clock Store in Salisbury, Md. filed a civil suit against blogger Joe Albero, over postings on his Salisbury News blog site (sbynews.com). The suit was filed one week after Robinson sued to obtain a peace order against Albero.
Links and Court Documents:
Lawsuit accompanies charges against blogger (DelmarvaNow!, Nov. 19, 2009).
Leeds v. Karlsruher, No. 2009-5018 (Tex. County Ct., El Paso County filed Nov. 16, 2009).
Status: Pending.
El Paso County ethics commission char Stuart Leeds sued blogger David Karlsruher over a Nov. 11, 2009 posting on his Refuse the Juice blog alleging that Leeds was "in such a hurry to get his committee all rigged up and ready to go" because "if he doesn't hurry up and get everything squared away, he and his buddies won't be ready to start the witch hunt before election season."
Links and Court Documents:
Ethics panel chairman sues over online column (El Paso Times, Nov. 18, 2009).
>> Court docket
Status: Pending.
El Paso County ethics commission char Stuart Leeds sued blogger David Karlsruher over a Nov. 11, 2009 posting on his Refuse the Juice blog alleging that Leeds was "in such a hurry to get his committee all rigged up and ready to go" because "if he doesn't hurry up and get everything squared away, he and his buddies won't be ready to start the witch hunt before election season."
Links and Court Documents:
Ethics panel chairman sues over online column (El Paso Times, Nov. 18, 2009).
>> Court docket
Levinson Axelrod, P.A. v. Edward Heyburn, P.C., No. 3:09-cv-05627-FLW-LHG (D. N.J. filed Nov. 5, 2009).
Status: Pending.
A New Jersey law firm sued a former associate in New Jersey state court over his blog lambasting the firm. He removed the case to federal court, where the case is pending. On Nov. 9, the federal judge recused herself, because her husband has served as an arbitrator for the firm.
Links and Court Documents:
Fired Associate Launches Mimic Site to Trash-Talk Firm (New Jersey Law Journal, Nov. 2, 2009)
Status: Pending.
A New Jersey law firm sued a former associate in New Jersey state court over his blog lambasting the firm. He removed the case to federal court, where the case is pending. On Nov. 9, the federal judge recused herself, because her husband has served as an arbitrator for the firm.
Links and Court Documents:
Fired Associate Launches Mimic Site to Trash-Talk Firm (New Jersey Law Journal, Nov. 2, 2009)
Firm Sues Fired Associate Who Launched Firm Gripe Site (New Jersey Law Journal, Nov. 10, 2009)
Law Firm & Ex-Associate Litigate Badmouth Blog Battle in State & Federal Court (ABA Journal, Nov. 10, 2009
Federal Judge Recuses from Suit Over Faux Firm Gripe Site (New Jersey Law Journal, Nov. 16, 2009)
Federal Judge Recuses from Suit Over Faux Firm Gripe Site (New Jersey Law Journal, Nov. 16, 2009)
Levinson Axelrod, P.A. v. Edward Heyburn, P.C., No. MID-L-000220-09 (N.J. Super. filed Nov. 5, 2009).
Status: Removed to federal court.
A New Jersey law firm sued a former associate in New Jersey state court over his blog lambasting the firm. He removed the case to federal court, where the case is pending.
Links and Court Documents:
Fired Associate Launches Mimic Site to Trash-Talk Firm (New Jersey Law Journal, Nov. 2, 2009)
Status: Removed to federal court.
A New Jersey law firm sued a former associate in New Jersey state court over his blog lambasting the firm. He removed the case to federal court, where the case is pending.
Links and Court Documents:
Fired Associate Launches Mimic Site to Trash-Talk Firm (New Jersey Law Journal, Nov. 2, 2009)
Firm Sues Fired Associate Who Launched Firm Gripe Site (New Jersey Law Journal, Nov. 10, 2009)
Law Firm & Ex-Associate Litigate Badmouth Blog Battle in State & Federal Court (ABA Journal, Nov. 10, 2009
Butler University v. Doe(?), No. _____ (Ind. Cir. Ct.? 2009).
Status: Withdrawn.
In January 2009, Butler University sued a blogger using the pseudonym "Soodo Nym," for posted comments disparaging two university administrators.
The university says that by subpoenaing Google to identify the user of a Gmail account, in June 2009 it determined that the blogger was Butler student Jess Zimmerman. Zimmerman, who has admitted writing the blog, claims that the university determined his identity earlier, by monitorins his campus e-mail account.
Zimmerman's parents both work for the university, and the blog criticized what it alleged was disparate and unfair treatment of the school's employees. "Soodo Nym"also sent an e-mail to the administrators that school officials characterized as a threat.
The university dropped the suit in October, but said that the matter would be handled internally.
Meanwhile, Zimmerman has started the "I am 'John Doe'" blog to publicize this case.
Links and Court Documents:
University's Libel Suit Highlights Growing Online Dilemma (The Indy Channel, Oct. 13, 2009)
Butler president defends school's choice to file lawsuit against blogger (Student Press Law Center, Oct. 16, 2009)
University Sues Student Blogger (Inside High Ed, Oct. 16, 2009)
Lawsuit dropped in Butler blogger case (Indianapolis Star, Oct. 27, 2009)
Butler drops libel lawsuit against student blogger (Student Press Law Center, Oct. 30, 2009)
Status: Withdrawn.
In January 2009, Butler University sued a blogger using the pseudonym "Soodo Nym," for posted comments disparaging two university administrators.
The university says that by subpoenaing Google to identify the user of a Gmail account, in June 2009 it determined that the blogger was Butler student Jess Zimmerman. Zimmerman, who has admitted writing the blog, claims that the university determined his identity earlier, by monitorins his campus e-mail account.
Zimmerman's parents both work for the university, and the blog criticized what it alleged was disparate and unfair treatment of the school's employees. "Soodo Nym"also sent an e-mail to the administrators that school officials characterized as a threat.
The university dropped the suit in October, but said that the matter would be handled internally.
Meanwhile, Zimmerman has started the "I am 'John Doe'" blog to publicize this case.
Links and Court Documents:
University's Libel Suit Highlights Growing Online Dilemma (The Indy Channel, Oct. 13, 2009)
Butler president defends school's choice to file lawsuit against blogger (Student Press Law Center, Oct. 16, 2009)
University Sues Student Blogger (Inside High Ed, Oct. 16, 2009)
Lawsuit dropped in Butler blogger case (Indianapolis Star, Oct. 27, 2009)
Butler drops libel lawsuit against student blogger (Student Press Law Center, Oct. 30, 2009)
Jones v. Minkin, Civil No. 09-23256 (S.D. Fla. filed Oct. 27, 2009).
Status: Withdrawn.
On Aug. 22, 2007, University of Miami School of Law professor Donald Jones was arrested for allegedly offering an undercover officer $20 for sex, a charge that he plead not guilty to and was eventually dropped and expunged. The "Above the Law" blog, however, reported on the arrest on Oct. 17, 2007, with follow-up posts the next day, Oct. 27 (noting a Miami Herald story on the arrest) and Oct. 29. In October 2009, Jones sued the owner of the blog, along with its publisher and managing editor, making claims of false light, invasion of privacy, and copyright (for photos of Jones posted on the blog). He dropped the suit n earl November.
Links and Court Documents:
Complaint
Lawsuit of the Day: Jones v. Minkin (Above the Law blog, Nov. 3, 2009).
Status: Withdrawn.
On Aug. 22, 2007, University of Miami School of Law professor Donald Jones was arrested for allegedly offering an undercover officer $20 for sex, a charge that he plead not guilty to and was eventually dropped and expunged. The "Above the Law" blog, however, reported on the arrest on Oct. 17, 2007, with follow-up posts the next day, Oct. 27 (noting a Miami Herald story on the arrest) and Oct. 29. In October 2009, Jones sued the owner of the blog, along with its publisher and managing editor, making claims of false light, invasion of privacy, and copyright (for photos of Jones posted on the blog). He dropped the suit n earl November.
Links and Court Documents:
Complaint
Lawsuit of the Day: Jones v. Minkin (Above the Law blog, Nov. 3, 2009).
Law Professor Sues Above the Law Blog, Alleging 'Viciously Racist Series of Rants' (National Law Journal, Nov. 3, 2009)
Professor withdraws lawsuit against 'Above the Law' (National Law Journal, Nov. 5, 2009)
Professor withdraws lawsuit against 'Above the Law' (National Law Journal, Nov. 5, 2009)
Saadi v. Maroun, No. 07-CV-01976 (M.D. Fla. filed Oct. 31, 2007).
Status: $90,000 verdict for plaintiff.
Lawyer Edward T. Saadi filed a complaint against his cousin Pierre Maroun, Hala Fakhre Maroun, and several anonymous defendants based on blog and forum postings that alleged that Saadi consorted with terrorists, diverted funds from a non-profit to support terrorism, hadn't gone to law school and had a teenage girlfriend. Later Saadi added Maroun’s International, LLC as a defendant.
A motion to dismiss the claims of defamation was denied on court findings that the statements were held out as factual, and not as opinions. Hala Maroun was subsequently dropped from the lawsuit. A defense motion for summary judgment was denied, and the case proceeded to trial.
After a three-day trial, the court dismissed the claims against Maroun's International. The jury then found for Saadi and awarded $90,000: $30,000 in compensatory damages, and $60,000 in punitive damages.
The defendant has filed a post-trial motion for judgment notwithstanding the verdict, or a new trial.
Links and Court Documents:
Case Information (Citizen Media Law Project)
Opposition to Motion to Dismiss (filed Mar. 30, 2008)
Judgment (filed Oct. 2, 2009)
Status: $90,000 verdict for plaintiff.
Lawyer Edward T. Saadi filed a complaint against his cousin Pierre Maroun, Hala Fakhre Maroun, and several anonymous defendants based on blog and forum postings that alleged that Saadi consorted with terrorists, diverted funds from a non-profit to support terrorism, hadn't gone to law school and had a teenage girlfriend. Later Saadi added Maroun’s International, LLC as a defendant.
A motion to dismiss the claims of defamation was denied on court findings that the statements were held out as factual, and not as opinions. Hala Maroun was subsequently dropped from the lawsuit. A defense motion for summary judgment was denied, and the case proceeded to trial.
After a three-day trial, the court dismissed the claims against Maroun's International. The jury then found for Saadi and awarded $90,000: $30,000 in compensatory damages, and $60,000 in punitive damages.
The defendant has filed a post-trial motion for judgment notwithstanding the verdict, or a new trial.
Links and Court Documents:
Case Information (Citizen Media Law Project)
Opposition to Motion to Dismiss (filed Mar. 30, 2008)
Judgment (filed Oct. 2, 2009)
Simorangkir v. Love, No. BC410593 (Cal. Super. filed March 26, 2009).
Status: Pending
Clothing designer Dawn Simorangkir sued singer Courtney Love for postings on Love’s blog (http://blogs.myspace.com/index.cfm?fuseaction=blog.ListAll&friendId=165705423) and Twitter account disparaging Simorangkir, from whom she expressed an interest in buying clothing, after they had a falling out.
Love responded in August 2009 with a motion to dismiss under California's anti-SLAPP law, which was denied in October.
Links and Case Documents:
Designer sues Courtney Love over web rants (Malaysian Insider, March 28, 2009)
Courtney Love's Crazy MySpace Posts Earn Her a Lawsuit (Cleveland Leader, March 29, 2009)
Love Loses Bid to Throw Out Defamation Case (Contact Music, Oct. 27, 2009)
Judge Allows Twitter-Libel Suit Against Rocker Love (On Point News, Oct. 27. 2009)
Complaint
Special motion to dismiss (anti-SLAPP motion)
Status: Pending
Clothing designer Dawn Simorangkir sued singer Courtney Love for postings on Love’s blog (http://blogs.myspace.com/index.cfm?fuseaction=blog.ListAll&friendId=165705423) and Twitter account disparaging Simorangkir, from whom she expressed an interest in buying clothing, after they had a falling out.
Love responded in August 2009 with a motion to dismiss under California's anti-SLAPP law, which was denied in October.
Links and Case Documents:
Designer sues Courtney Love over web rants (Malaysian Insider, March 28, 2009)
Courtney Love's Crazy MySpace Posts Earn Her a Lawsuit (Cleveland Leader, March 29, 2009)
Love Loses Bid to Throw Out Defamation Case (Contact Music, Oct. 27, 2009)
Judge Allows Twitter-Libel Suit Against Rocker Love (On Point News, Oct. 27. 2009)
Complaint
Special motion to dismiss (anti-SLAPP motion)
Salisbury v. Gawker Media LLC, No. 2009-60340-393 (Tex. Dist. Ct. file Oct. 16, 2009).
Status: Pending.
Former NFL quarterback, ESPN analyst and Dallas sports radio host Sean Salisbury sued Gawker Media over various posts on the company's Deadspin.com sports blog which he alleges led to him being fired from his media jobs and have prevented him from finding new employment.
The suit revolves around several postings to the blog from 2007 through 2009 alleging that Salisbury acted inappropriately towards female co-workers. While many of the posts attributed these allegations and linked to other sources, Salisbury's attorney told the McKinney (Tex.) Courier-Gazette that his client targeted the Deadspin blog because of its "concerted" efforts.
Case Information and Documents:
Docket
Former ESPN, radio sports analyst files lawsuit against Gawker Media in Denton County (McKinney (Tex.) Courier-Gazette, Oct. 23, 2009)
Sean Salisbury sues Deadspin (NBC Sports (Pro Football Talk), Oct. 23, 2009)
And Now There's This: Sean Salisbury Really Is Suing Us (Deadspin.com, Oct. 23, 2009)
Status: Pending.
Former NFL quarterback, ESPN analyst and Dallas sports radio host Sean Salisbury sued Gawker Media over various posts on the company's Deadspin.com sports blog which he alleges led to him being fired from his media jobs and have prevented him from finding new employment.
The suit revolves around several postings to the blog from 2007 through 2009 alleging that Salisbury acted inappropriately towards female co-workers. While many of the posts attributed these allegations and linked to other sources, Salisbury's attorney told the McKinney (Tex.) Courier-Gazette that his client targeted the Deadspin blog because of its "concerted" efforts.
Case Information and Documents:
Docket
Former ESPN, radio sports analyst files lawsuit against Gawker Media in Denton County (McKinney (Tex.) Courier-Gazette, Oct. 23, 2009)
Sean Salisbury sues Deadspin (NBC Sports (Pro Football Talk), Oct. 23, 2009)
And Now There's This: Sean Salisbury Really Is Suing Us (Deadspin.com, Oct. 23, 2009)
Swartz v. Does, No. 08C431 (Tenn. Dist. Ct., Davidson County filed Feb. 11, 2008).
Status: Court ruled to identify anonymous posters (Oct. 8, 2009).
Donald and Terry Keller Swartz sued the anonymous blogger behind the Stop Swartz blog, which criticized the couple and solicited similar comments from readers, for libel and invasion of privacy. The Swatrzes subpeoned Google to learn the identity of the blogger, and in October 2009 the court denied the blogger's motion to quash the subpoena.
Links and Court Documents:
Swartz v. Does (Citizen Media Law Project)
Swartz v. Does: Tennessee Court Says Couple Entitled to Unmask Anonymous Blogger (Citizen Media Law Project)
Nashville couple sues blog, claims defamation (Nashville Tennessean)
Status: Court ruled to identify anonymous posters (Oct. 8, 2009).
Donald and Terry Keller Swartz sued the anonymous blogger behind the Stop Swartz blog, which criticized the couple and solicited similar comments from readers, for libel and invasion of privacy. The Swatrzes subpeoned Google to learn the identity of the blogger, and in October 2009 the court denied the blogger's motion to quash the subpoena.
Links and Court Documents:
Swartz v. Does (Citizen Media Law Project)
Swartz v. Does: Tennessee Court Says Couple Entitled to Unmask Anonymous Blogger (Citizen Media Law Project)
Nashville couple sues blog, claims defamation (Nashville Tennessean)
Finkel v. Facebook, No. 102578-2009 (N.Y. Sup. Ct. filed Feb. 16, 2009).
Status: Claims against Facebook dismissed (Sept. 15, 2009); claims against other defendants pending
Recent high school graduate Denise Finkel sued several classmates and their parents over postings to a private Facebook group, "90 Cents Short of a Dollar." Finkel also sued Facebook, claiming that its asserted ownership of material posted to its site in the site's terms of use made it publisher of the material that was not immune from liability under section 230 of the Communications Decency Act.
On Sept. 15, 2009, New York Supreme Court Justice Debra James dismissed the claims against Facebook, rejecting the plaintiff's argument that section 230 did not apply.
Links and Court Documents:
Finkel v. Facebook (Citizen Media Law Project)
Finkel v. Facebook: Court Rejects Defamation Claim Against Facebook Premised on "Ownership" of User Content (Citizen Media Law Project blog, Oct. 21, 2009)
Oceanside teen sues Facebook, ex-classmates for $3M (Newsday, March 2, 2009)
Status: Claims against Facebook dismissed (Sept. 15, 2009); claims against other defendants pending
Recent high school graduate Denise Finkel sued several classmates and their parents over postings to a private Facebook group, "90 Cents Short of a Dollar." Finkel also sued Facebook, claiming that its asserted ownership of material posted to its site in the site's terms of use made it publisher of the material that was not immune from liability under section 230 of the Communications Decency Act.
On Sept. 15, 2009, New York Supreme Court Justice Debra James dismissed the claims against Facebook, rejecting the plaintiff's argument that section 230 did not apply.
Links and Court Documents:
Finkel v. Facebook (Citizen Media Law Project)
Finkel v. Facebook: Court Rejects Defamation Claim Against Facebook Premised on "Ownership" of User Content (Citizen Media Law Project blog, Oct. 21, 2009)
Oceanside teen sues Facebook, ex-classmates for $3M (Newsday, March 2, 2009)
Universal Music Group v. Lindor, Civil No. 05-1095 (E.D.N.Y. motion filed Sept. 2008).
Status: Sanctions motion denied
In the course of a long-running, acrimonious case alleging that Brooklyn home health aide Marie Lindor had downloaded various copyrighted songs from the Kazaa pirate music website, in September 2008 the plaintiffs moved for dismissal, arguing that much of the evidence in the case had been destroyed. Plaintiffs also sought sanctions against the defendant and her attorney, Ray Beckerman: although the sanctions were primarily for the alleged evidence destruction and alleged evasive statements in court papers by the defendant and Beckerman, the motion also cited comments on Beckerman's "Recording Industry vs. The People" blog.
The motion was referred to a magistrate judge, who recommended denial the motion in an Oct. 9, 2009 ruling.
Case Information and Links:
Magistrate denies RIAA motion for discovery sanctions in UMG v Lindor
Request To Sanction Attorney-Blogger Rejected
Status: Sanctions motion denied
In the course of a long-running, acrimonious case alleging that Brooklyn home health aide Marie Lindor had downloaded various copyrighted songs from the Kazaa pirate music website, in September 2008 the plaintiffs moved for dismissal, arguing that much of the evidence in the case had been destroyed. Plaintiffs also sought sanctions against the defendant and her attorney, Ray Beckerman: although the sanctions were primarily for the alleged evidence destruction and alleged evasive statements in court papers by the defendant and Beckerman, the motion also cited comments on Beckerman's "Recording Industry vs. The People" blog.
The motion was referred to a magistrate judge, who recommended denial the motion in an Oct. 9, 2009 ruling.
Case Information and Links:
Magistrate denies RIAA motion for discovery sanctions in UMG v Lindor
Request To Sanction Attorney-Blogger Rejected
Macias v. Rivera, No. ____ (Iowa Dist. Ct. filed Oct. 2009).
Status: Pending.
The owner of a television program aimed at Hispanics sued the creator of a soon-to-be-launched competing program for statements on his blog in advance of the show. The parties were originally going to produce the existing show together, but then had a falling out.
The statements at issue were posted on the "Calle Virtual" blog under the headline, "When Your Idea is Stolen."
Spanish-language TV shows involved in court battle
Status: Pending.
The owner of a television program aimed at Hispanics sued the creator of a soon-to-be-launched competing program for statements on his blog in advance of the show. The parties were originally going to produce the existing show together, but then had a falling out.
The statements at issue were posted on the "Calle Virtual" blog under the headline, "When Your Idea is Stolen."
Spanish-language TV shows involved in court battle
MSG Holdings v. Cityfile, Inc., No. ______ (N.Y. Supreme Court filed July 2009).
Status: Settled.
MSG Holdings, which owns and schedules events at Radio City Music Hall in New York City, sued the Cityfile group blog site (cityfile.com) for a posting reporting that MSG was considering canceling Radio City's annual Christmas Spectacular, which has run for more than 75 years.
Before suing, MSG refuted the article in a comment posted to the site.
In September the parties settled, and the site posted a correction.
Links and Court Documents:
MSG SUIT: SITE SCROOGED US
'Spectacular' suit settled
Status: Settled.
MSG Holdings, which owns and schedules events at Radio City Music Hall in New York City, sued the Cityfile group blog site (cityfile.com) for a posting reporting that MSG was considering canceling Radio City's annual Christmas Spectacular, which has run for more than 75 years.
Before suing, MSG refuted the article in a comment posted to the site.
In September the parties settled, and the site posted a correction.
Links and Court Documents:
MSG SUIT: SITE SCROOGED US
'Spectacular' suit settled
Low and Tritt v. Pizza Kitchen, No. ____ (Tenn. Cir. Ct. filed Sept. 1, 2009).
Status: Pending.
Marketing company Low and Tritt sued the Pizza Kitchen restaurant in Knoxville over postings disparging the company on the restaurant's Twitter feed and Facebook page.
The messages at issue included, according to the suit, "Don't EVER use Lowandtritt marketing firm," and "Crooks - stolen email list and have tried to pressure me by threat of lawsuit to sign a license agreement to use their marketing materials."
In addition to the defamation claim, Low and Tritt is also suing for breach of contract and unpaid fees.
Links and Court Documents:
The Pizza Kitchen faces social media libel lawsuit
Facebook posts lead to $2M suit
Facebook posts by Knoxville restaurant owner lead to $2M lawsuit
Local restaurant owner facing $2 million libel lawsuit for online posts
Status: Pending.
Marketing company Low and Tritt sued the Pizza Kitchen restaurant in Knoxville over postings disparging the company on the restaurant's Twitter feed and Facebook page.
The messages at issue included, according to the suit, "Don't EVER use Lowandtritt marketing firm," and "Crooks - stolen email list and have tried to pressure me by threat of lawsuit to sign a license agreement to use their marketing materials."
In addition to the defamation claim, Low and Tritt is also suing for breach of contract and unpaid fees.
Links and Court Documents:
The Pizza Kitchen faces social media libel lawsuit
Facebook posts lead to $2M suit
Facebook posts by Knoxville restaurant owner lead to $2M lawsuit
Local restaurant owner facing $2 million libel lawsuit for online posts
Doninger v. Niehoff, No. HHB-CV-07-4014735-S (
Doninger v. Niehoff, Civil No. 07-01129 (D.
Status: Denial of preliminary injunction upheld; defense motion for summary judgment granted in part; appeal pending.
A high school student and her mother sued the principal of her daughter’s school and the superintendent of her school district after they barred the student from running for re-election as student secretary after she posted complaints to her blog about a student-planned concert that was canceled by school administrators.
The state case was moved to federal court in late July 2007. On Aug. 31, 2007, the federal trial court denied a preliminary injunction to force school administrators to allow the girl to run for office; the 2nd Circuit Court of Appeals affirmed this ruling on May 30, 2008. Doninger v. Dept. of Homeland Security, No. 07-CV-3885 (2d Cir. 2008).
The case then returned to the trial court, which partially granted a defense motion for summary judgment on Jan. 15, 2009, leaving only a claim alleging that the student’s speech was chilled when she was prohibited from wearing a t-shirt with a message on it at school. The student has appealed the partial grant of summary judgment.
Links and Court Documents:
Case information: http://www.citmedialaw.org/threats/doninger-v-niehoff
http://www.rep-am.com/News/438521.txt
http://www.ctcentral.com/site/news.cfm?newsid=18616270&BRD=1643&PAG=461&dept_id=10486&rfi=6
http://www.nbc30.com/news/13385544/detail.html
http://region19.blogspot.com/2008_05_01_archive.html
http://www.nhregister.com/articles/2008/11/13/news/a3-db.txt
State complaint: http://mirandamagazine.com/joomla/images//donninger%20lawsuit.pdf
State docket: http://civilinquiry.jud.ct.gov/DispDetail.asp?DocNum=HHB-CV-07-4014735-S
Federal district court decision denying injunction: http://www.splc.org/pdf/doningerdenial.pdf
Appellate decision affirming denial of injunction: http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA3LTM4ODUgLWN2X29wbi5wZGY=/07-3885%20-cv_opn.pdf
Doe v. R.C., No. ___ (Ill. Cir. Ct., Cook County filed Sept. 24, 2009).
Status: Pending.
Laura Cook, suing on behalf of her minor son, alleges that the defendants -- who are all minors who know the plaintiff, according to the complaint -- created a fake Facebook profile using his real photograph and cell number, and posted racist and sexual comments that appeared to have been written by the plaintiff. The lawsuit claims defamation, placement in false light, and intentional infliction of emotional distress.
Case Information and Documents:
>> Complaint
‘Racist’ and ‘Homosexual’ Facebook Page Leads To Online Bullying Lawsuit
4 Teens Sued for Obscene Fake Facebook Profile
Status: Pending.
Laura Cook, suing on behalf of her minor son, alleges that the defendants -- who are all minors who know the plaintiff, according to the complaint -- created a fake Facebook profile using his real photograph and cell number, and posted racist and sexual comments that appeared to have been written by the plaintiff. The lawsuit claims defamation, placement in false light, and intentional infliction of emotional distress.
Case Information and Documents:
>> Complaint
‘Racist’ and ‘Homosexual’ Facebook Page Leads To Online Bullying Lawsuit
4 Teens Sued for Obscene Fake Facebook Profile
Salon Professional Academy v. Blacconiere, No. 2009L000465 (Ill. Cir. Ct., Kane County filed July 27, 2009).
Status: Pending.
The Salon Professional Academy, a cosmetology school in Elgin, Ill., sued Nicholas Blacconiere and a John Doe for comments on a Facebook page disparaging the school and its teachers.
Blacconiere created the page and solicited comments about the school, and posted some himself. The anonymous commenter "John Doe" posted other comments.
Case Information and Documents:
http://www.citmedialaw.org/threats/salon-professional-academy-v-blacconiere
http://www.dailyherald.com/story/?id=310962
http://writ.news.findlaw.com/commentary/20090925_hodes.html
Status: Pending.
The Salon Professional Academy, a cosmetology school in Elgin, Ill., sued Nicholas Blacconiere and a John Doe for comments on a Facebook page disparaging the school and its teachers.
Blacconiere created the page and solicited comments about the school, and posted some himself. The anonymous commenter "John Doe" posted other comments.
Case Information and Documents:
http://www.citmedialaw.org/threats/salon-professional-academy-v-blacconiere
http://www.dailyherald.com/story/?id=310962
http://writ.news.findlaw.com/commentary/20090925_hodes.html
Too Much Media, LLC v. Hale, No. L2736-08 (N.J. Super. 2008).
Status: Appeal of ruling on application of reporters' shield law pending
Software company Too Much Media sued blogger Shellee Hale for defamation over postings on the Orano blog (oprano.com) regarding alleged security flaws in the software the company makes for pornographic web sites. Hale said that her information came from confidential sources who she refused to name, citing New Jersey's reporters' shield law statute.
The trial court held an hearing on applicability of the statue, and ruled on June 30, 2009 that Hale was not protected by New Jersey's newsperson's privilege statute, and had to reveal the sources. In September the court denied a motion to reconsider its ruling. An appeal is expected.
Links and Case Documents:
Decision: http://www.citmedialaw.org/sites/citmedialaw.org/files/2009-06-30-TMM%20v.%20Hale%20Decision.pdf
http://www.citmedialaw.org/threats/too-much-media-llc-v-hale
http://www.nj.com/news/index.ssf/2009/04/blogger_who_claimed_online_por.html
http://blog.nj.com/jerseyblogs/2009/05/are_bloggers_journalists_too_m.html
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-14/125366610849190.xml&coll=1
Status: Appeal of ruling on application of reporters' shield law pending
Software company Too Much Media sued blogger Shellee Hale for defamation over postings on the Orano blog (oprano.com) regarding alleged security flaws in the software the company makes for pornographic web sites. Hale said that her information came from confidential sources who she refused to name, citing New Jersey's reporters' shield law statute.
The trial court held an hearing on applicability of the statue, and ruled on June 30, 2009 that Hale was not protected by New Jersey's newsperson's privilege statute, and had to reveal the sources. In September the court denied a motion to reconsider its ruling. An appeal is expected.
Links and Case Documents:
Decision: http://www.citmedialaw.org/sites/citmedialaw.org/files/2009-06-30-TMM%20v.%20Hale%20Decision.pdf
http://www.citmedialaw.org/threats/too-much-media-llc-v-hale
http://www.nj.com/news/index.ssf/2009/04/blogger_who_claimed_online_por.html
http://blog.nj.com/jerseyblogs/2009/05/are_bloggers_journalists_too_m.html
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-14/125366610849190.xml&coll=1
Albritton v. Cisco Systems, No. 2008-481-CCL2 (Tex. County Ct., Gregg County filed March 3, 2008; removed to federal court March 14, 2008)
Albritton v. Cisco Systems, No. 6:2008-cv-00089 (E.D. Tex. March 14, 2008).
Status: Settled
See also Ward v. Cisco Systems.
Eric Albritton and T. John Ward, Jr., two attorneys representing a company which claims that Cisco violated its patents (in ESN, LLC v. Cisco Systems, Inc., Civil No. 07-00156 (E.D.Tex. stipulated dismissal Nov. 2, 2007)) both filed their own lawsuits against the author of the Patent Troll Tracker blog (www.trolltracker.blogspot.com; now members only).
The defamation suits claim that a posting on the blog defamed the attorneys by alleging that although the patent suit had been filed on Oct. 15, 2007 (the day before the patent at issue was granted), the attorneys got the court clerk to change the date to Oct. 16, 2007 in order to avoid having the case dismissed. (They parties eventually agreed to a stipulated dismissal of the patent case in Texas, although another case in Connecticut is still pending.)
After a four day trial, the parties reached a confidential settlement on Sept. 22, just as the case was due to be presented to the jury.
Links and Court Documents:
State complaint: http://patentlyo.com/patent/law/ESN.Complaint.pdf
Federal docket: http://news.justia.com/cases/featured/texas/txedce/6:2008cv00089/108629/
http://www.law.com/newswire/cache/1202433833679.html
http://www.law.com/newswire/cache/1202433888643.html
http://www.law.com/newswire/cache/1202433934721.htm
http://www.law.com/jsp/article.jsp?id=1202433996591
Albritton v. Cisco Systems, No. 6:2008-cv-00089 (E.D. Tex. March 14, 2008).
Status: Settled
See also Ward v. Cisco Systems.
Eric Albritton and T. John Ward, Jr., two attorneys representing a company which claims that Cisco violated its patents (in ESN, LLC v. Cisco Systems, Inc., Civil No. 07-00156 (E.D.Tex. stipulated dismissal Nov. 2, 2007)) both filed their own lawsuits against the author of the Patent Troll Tracker blog (www.trolltracker.blogspot.com; now members only).
The defamation suits claim that a posting on the blog defamed the attorneys by alleging that although the patent suit had been filed on Oct. 15, 2007 (the day before the patent at issue was granted), the attorneys got the court clerk to change the date to Oct. 16, 2007 in order to avoid having the case dismissed. (They parties eventually agreed to a stipulated dismissal of the patent case in Texas, although another case in Connecticut is still pending.)
After a four day trial, the parties reached a confidential settlement on Sept. 22, just as the case was due to be presented to the jury.
Links and Court Documents:
State complaint: http://patentlyo.com/patent/law/ESN.Complaint.pdf
Federal docket: http://news.justia.com/cases/featured/texas/txedce/6:2008cv00089/108629/
http://www.law.com/newswire/cache/1202433833679.html
http://www.law.com/newswire/cache/1202433888643.html
http://www.law.com/newswire/cache/1202433934721.htm
http://www.law.com/jsp/article.jsp?id=1202433996591
Cretella v. Kuzminski, Civil No. 08-109 (E.D. Va. jury verdict for plaintiffs Feb. 4, 2009).
Status: $236,000 jury award ($120,000 compensatory, $116,000 punitive) remittited to $53,000 ($30,000 compensatory, $23,000 punitive), 2009 WL 2423368 (E.D. Va. July 31, 2009).
In February 2007, plaintiff Victor Cretella, who was then outside counsel for the on-demand publishing firm PublishAmerica, sent a cease-and-desist letter to Christine Norris, who had referred to the company as "a scam" in comments she posted to forum section of the Absolute Write website (http://www.absolutewrite.com). Norris reacted to the letter by posting additional comments to the forum, restating her complaints against PublishAmerica and inviting the company to "Bring. It. On." Many other commenters in the Absolute Write forum posted comments expressing support for Norris.
One of these was defendant David Kuzminski, who also posted comments about the controversy on his own website, Preditors and Editors (http://www.anotherealm.com/prededitors/), a resource guide for writers. The commentary by Kuzminski and others on the Absolute Write site and other sites, and by Kuzminski on his own site, continued when Cretella accepted the position as general counsel of PublishAmerica.
Cretella sued Kuzminski over a number of his comments. After pre-trial motions, defamation claims remained against nine comments by Kuzminski: seven on the Absolute Write site, one on his own site, and one on another site.
After a two-day trial, the jury awarded a total of $236,000 in damages ($120,000 compensatory, $116,000 punitive). On a post-trial motion for judgment as a matter of law or remittitur, the court offered a remittitur to $53,000 ($30,000 compensatory, $23,000 punitive), or a new trial. 2009 WL 2423368 (E.D. Va. July 31, 2009).
The plaintiff accepted the remittitur on Aug. 14.
Links and Court Documents:
http://www.citmedialaw.org/threats/cretella-v-kuzminski
http://valawyersweekly.com/blog/2009/08/10/defamed-lawyer%E2%80%99s-win-is-reduced/
Status: $236,000 jury award ($120,000 compensatory, $116,000 punitive) remittited to $53,000 ($30,000 compensatory, $23,000 punitive), 2009 WL 2423368 (E.D. Va. July 31, 2009).
In February 2007, plaintiff Victor Cretella, who was then outside counsel for the on-demand publishing firm PublishAmerica, sent a cease-and-desist letter to Christine Norris, who had referred to the company as "a scam" in comments she posted to forum section of the Absolute Write website (http://www.absolutewrite.com). Norris reacted to the letter by posting additional comments to the forum, restating her complaints against PublishAmerica and inviting the company to "Bring. It. On." Many other commenters in the Absolute Write forum posted comments expressing support for Norris.
One of these was defendant David Kuzminski, who also posted comments about the controversy on his own website, Preditors and Editors (http://www.anotherealm.com/prededitors/), a resource guide for writers. The commentary by Kuzminski and others on the Absolute Write site and other sites, and by Kuzminski on his own site, continued when Cretella accepted the position as general counsel of PublishAmerica.
Cretella sued Kuzminski over a number of his comments. After pre-trial motions, defamation claims remained against nine comments by Kuzminski: seven on the Absolute Write site, one on his own site, and one on another site.
After a two-day trial, the jury awarded a total of $236,000 in damages ($120,000 compensatory, $116,000 punitive). On a post-trial motion for judgment as a matter of law or remittitur, the court offered a remittitur to $53,000 ($30,000 compensatory, $23,000 punitive), or a new trial. 2009 WL 2423368 (E.D. Va. July 31, 2009).
The plaintiff accepted the remittitur on Aug. 14.
Links and Court Documents:
http://www.citmedialaw.org/threats/cretella-v-kuzminski
http://valawyersweekly.com/blog/2009/08/10/defamed-lawyer%E2%80%99s-win-is-reduced/
In Re: Sean Conway, File No. 2007-51308(17B) (Fla. Bar 2007) (attorney discipline proceeding),
Status: Public reprimand issued, Florida Bar v. Conway, No. SC08-326 (Oct. 29, 2008).
The Florida Bar began a disciplinary investigation of attorney Sean Conway for comments he posted on the JAA blog (jaablog.jaablaw.com), part of the web site of the Justice Association of Broward [County], a group of criminal defense attorneys. The comments questioned the courtroom procedures of Broward Circuit Judge Cheryl Aleman, and called her an "evil, unfair witch" who is "seemingly mentally ill.”
Florida’s rules of professional conduct bar attorneys from impugning a judge’s qualifications or integrity.
Conway and the Bar had agreed to a public reprimand in the case. The Florida Supreme Court asked for briefing on whether
Links and Court Documents:
A Legal Battle: Online Attitude vs. Rules of the Bar
Should Lawyer Be Disbarred For Harsh Criticism Of a Judge
Attorney Argues His 'Witch' Comments About Judge Are Protected Speech
IT'S ON: CONWAY V. FLORIDA BAR
>> Fla. Bar investigative file
>> Supreme Court docket
Ward v. Cisco Systems, No. 08-4022 (W.D. Ark. filed March 13, 2008).
Status: Plaintiff voluntarily dismissed claims against blogger; claims against blogger’s former employer remain. After withdrawing his suit in Texas state court, patent attorney T. John Ward, Jr. sued the author of the Patent Troll Tracker blog (www.trolltracker.blogspot.com; now members only) and his employer.
The plaintiff than voluntarily dismissed the claims against the blogger, 2008 WL 4079286 (Aug. 28, 2008), levaing only the claims against the blogger's employer.
Trial on the remaining claims is scheduled for February 2010.
Status: Plaintiff voluntarily dismissed claims against blogger; claims against blogger’s former employer remain. After withdrawing his suit in Texas state court, patent attorney T. John Ward, Jr. sued the author of the Patent Troll Tracker blog (www.trolltracker.blogspot.com; now members only) and his employer.
The plaintiff than voluntarily dismissed the claims against the blogger, 2008 WL 4079286 (Aug. 28, 2008), levaing only the claims against the blogger's employer.
Trial on the remaining claims is scheduled for February 2010.
Save-A-Life Foundation v. Baratz, No. 2007-CH-12022 (
Save-A-Life Foundation, Inc. v. Heimlich et al, No. 1:08-cv-06022 (N.D.
Status: Withdrawn
The Chicago-based foundation Save-A-Life Foundation, which teaches and promotes the use of the “Heimlich maneuver” has sued three critics of the first aid procedure and its creator, Dr. Henry Heimlich. Among the critics named in the suit is Jason Harp, who maintains the “Cincinnati Beacon” blog (www.cincinnatibeacon.com), and Peter Heimlich, Henry Heimlich’s son, who maintains his own website (http://medfraud.info/). The foundation is also seeking an injunction against the critics’ comments. In its amended complaint, the foundation added American Broadcasting Company, WLS-TV in Chicago, and WLS reporter Chuck Goudie as defendants over two WLS-TV stories on the controversy. In January 2009, the case was moved to federal court.
In July 2009, the plaintiff voluntarily withdrew the case.
Links and Court Documents:
http://www.citmedialaw.org/save-life-foundation-v-baratz
Amended complaint: http://www.citmedialaw.org/sites/citmedialaw.org/files/2007-11-15-Save-A-Life%20Amended%20Complaint.pdf
State court docket: https://w3.courtlink.lexisnexis.com/cookcounty/FindDock.asp?SearchType=2&Database=3&NCase=&CDate=&PLtype=1&sname=Save-A-Life
Bauer v. Glatzer, No MON-L-07-1169 (N.J. Super. filed 2007). Bauer v. Glatzer, Civil No. 07-04501 (D.N.J. removed from state court Sept. 20, 2007; remanded). Status: Pending.
A literary agent sued 15 individual bloggers, as well as the Wikipedia Foundation and the Science Fiction and Fantasy Writers of America organization, over various postings challenging her ability and ethics.
On July 21, the state court dismissed the claims against Wikipedia, under section 230 of the Communications Decency Act. Claims against at least five of the blogger defendants were later dismissed from the case.
Links and Court Documents:
http://www.nj.com/news/index.ssf/2008/06/free_speech_on_internet_at_iss.html
Second amended complaint: http://www.eff.org/files/filenode/wikimedia/BauerSecondAmendedComplaint.pdf
Dismissal of Wikipedia: http://www.citmedialaw.org/sites/citmedialaw.org/files/2008-07-21-Bauer%20Order%20Dismissing%20Second%20Amended%20Complaint.pdf
A literary agent sued 15 individual bloggers, as well as the Wikipedia Foundation and the Science Fiction and Fantasy Writers of America organization, over various postings challenging her ability and ethics.
On July 21, the state court dismissed the claims against Wikipedia, under section 230 of the Communications Decency Act. Claims against at least five of the blogger defendants were later dismissed from the case.
Links and Court Documents:
http://www.nj.com/news/index.ssf/2008/06/free_speech_on_internet_at_iss.html
Second amended complaint: http://www.eff.org/files/filenode/wikimedia/BauerSecondAmendedComplaint.pdf
Dismissal of Wikipedia: http://www.citmedialaw.org/sites/citmedialaw.org/files/2008-07-21-Bauer%20Order%20Dismissing%20Second%20Amended%20Complaint.pdf
Fix Wilson Yard v. City of Chicago, No. 2008-CH-45023 (Ill. Cir. Ct. filed 2008).
Status: Subpoenas pending.
In a suit by local residents seeking to stop a proposed development in the Uptown neighborhood of Chicago, the developer issued subpoenas seeking the identities of several anonymous commenters on Internet bulletin boards, as well as the anonymous proprietors of the "Uptown Update" (www.uptownupdate.com) and the now-defunct "What the Helen” blogs.
The Electronic Frontier Foundation, representing the anonymous commenters and bloggers, obtained a temporary order protecting the their identities in July 2009, and in August sought to to make the order permanent.
Links and Case Documents:
EFF press release: http://www.eff.org/press/archives/2009/08/21
http://www.uptownupdate.com/2009/01/news-star-holstens-attorney-subpoenas.html
http://www.uptownupdate.com/2009/02/holstens-subpoena-requests-continue-to.html
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=112173
Status: Subpoenas pending.
In a suit by local residents seeking to stop a proposed development in the Uptown neighborhood of Chicago, the developer issued subpoenas seeking the identities of several anonymous commenters on Internet bulletin boards, as well as the anonymous proprietors of the "Uptown Update" (www.uptownupdate.com) and the now-defunct "What the Helen” blogs.
The Electronic Frontier Foundation, representing the anonymous commenters and bloggers, obtained a temporary order protecting the their identities in July 2009, and in August sought to to make the order permanent.
Links and Case Documents:
EFF press release: http://www.eff.org/press/archives/2009/08/21
http://www.uptownupdate.com/2009/01/news-star-holstens-attorney-subpoenas.html
http://www.uptownupdate.com/2009/02/holstens-subpoena-requests-continue-to.html
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=112173
Higher Balance, LLC v. Quantum Future Group, Inc., Civil No. 08-233 (D.Ore. filed Feb. 25, 2008).
Status: Dismissed (Dec. 18, 2008).
Eric J. Pepin, founder of the Higher Balance Institute, sued Laura Knight-Jadczyk and her company for postings on her blog site "Signs of the Times" (www.sott.net), that alleged that his organization was a "front for pedophelia." Pepin was tried on charges of having sex with an underage employee; he was acquitted in 2007 because prosecutors could not provde the young man was underage.
In Decemeber 2008, the federal court dismissed the libel suit under Oregon's anti-SLAPP law. In August 2009, the court awarded the defendants $51,500.00 in attorney fees.
Links and Case Documents:
http://blog.oregonlive.com/hillsboroargus/2008/03/socalled_psychic_files_suit_ag.html
Status: Dismissed (Dec. 18, 2008).
Eric J. Pepin, founder of the Higher Balance Institute, sued Laura Knight-Jadczyk and her company for postings on her blog site "Signs of the Times" (www.sott.net), that alleged that his organization was a "front for pedophelia." Pepin was tried on charges of having sex with an underage employee; he was acquitted in 2007 because prosecutors could not provde the young man was underage.
In Decemeber 2008, the federal court dismissed the libel suit under Oregon's anti-SLAPP law. In August 2009, the court awarded the defendants $51,500.00 in attorney fees.
Links and Case Documents:
http://blog.oregonlive.com/hillsboroargus/2008/03/socalled_psychic_files_suit_ag.html
Cohen v. Google, No. 100012/2009 (N.Y. Sup. Ct., N.Y. County filed Jan. 2, 2009).
Status: Discovery motion (to reveal identity of blogger) granted.
Model Liskula Gentile Cohen sued over statements in the anonymous “Skanks in New York” blog (http://skanksnyc.blogspot.com/) that she was a “skank.”
In response to a court motion seeking to force Blogger to reveal the identitity of the anonymous blogger, the blogger responded (anonymously) with court papers arguing the posts are “rhetorical hyperbole,” and thus not libelous.
In March 2009 the blog was taken down.
In August 2009, the court ordered Blogger to reveal the blogger's identity. Cohen then contacted the blogger, who turned out to be someone she casually knew. She also dropped the underlying libel claim against her.
The outed blogger, Rosemary Port, then threatened to sue Google for revealing her identity.
Links and Court Documents:
http://www.citmedialaw.org/threats/cohen-v-google-blogger
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=101238
http://www.mediapost.com/publications/index.cfm?fa=Articles.showArticle&art_aid=99112
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=97848
http://www.associatedcontent.com/article/1366627/skanks_in_new_york_and_liskula_cohen.html
http://www.nypost.com/seven/01062009/news/regionalnews/model_snared_in_ugly_web_147440.htm
http://www.nydailynews.com/gossip/2009/01/05/2009-01-05_model_liskula_cohen_sues_google_over_blo.html
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=102465
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=111783
http://www.nydailynews.com/gossip/2009/08/23/2009-08-23_outted_blogger_rosemary_port_blames_model_liskula_cohen_for_skank_stink.html
Court order requiring disclosure: http://m.mediapost.com/pdf/Cohen_doc.pdf
Status: Discovery motion (to reveal identity of blogger) granted.
Model Liskula Gentile Cohen sued over statements in the anonymous “Skanks in New York” blog (http://skanksnyc.blogspot.com/) that she was a “skank.”
In response to a court motion seeking to force Blogger to reveal the identitity of the anonymous blogger, the blogger responded (anonymously) with court papers arguing the posts are “rhetorical hyperbole,” and thus not libelous.
In March 2009 the blog was taken down.
In August 2009, the court ordered Blogger to reveal the blogger's identity. Cohen then contacted the blogger, who turned out to be someone she casually knew. She also dropped the underlying libel claim against her.
The outed blogger, Rosemary Port, then threatened to sue Google for revealing her identity.
Links and Court Documents:
http://www.citmedialaw.org/threats/cohen-v-google-blogger
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=101238
http://www.mediapost.com/publications/index.cfm?fa=Articles.showArticle&art_aid=99112
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=97848
http://www.associatedcontent.com/article/1366627/skanks_in_new_york_and_liskula_cohen.html
http://www.nypost.com/seven/01062009/news/regionalnews/model_snared_in_ugly_web_147440.htm
http://www.nydailynews.com/gossip/2009/01/05/2009-01-05_model_liskula_cohen_sues_google_over_blo.html
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=102465
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=111783
http://www.nydailynews.com/gossip/2009/08/23/2009-08-23_outted_blogger_rosemary_port_blames_model_liskula_cohen_for_skank_stink.html
Court order requiring disclosure: http://m.mediapost.com/pdf/Cohen_doc.pdf
Robinson v. Doe, No. ____________ (Idaho Dist. Ct. filing pending Aug. 2009).
Status: Filing pending.
Melissa Sue Robinson, a transgender candidate for Nampa, Idaho mayor in 2009, announced in August 2009 that she would sue the anonymous creator of a fake Twitter account with the username "WomanwithaPenis" that purports to be her. (Robinson's true Twitter account is "melisrob.")
Links and Case Documents:
http://www.fox12idaho.com/Global/story.asp?S=10975630&nav=menu439_4
Status: Filing pending.
Melissa Sue Robinson, a transgender candidate for Nampa, Idaho mayor in 2009, announced in August 2009 that she would sue the anonymous creator of a fake Twitter account with the username "WomanwithaPenis" that purports to be her. (Robinson's true Twitter account is "melisrob.")
Links and Case Documents:
http://www.fox12idaho.com/Global/story.asp?S=10975630&nav=menu439_4
CRIMINAL CASE: Missouri v. Thrasher, No. ____ (Mo. Cir. Ct. 2009).
Status: Pending.
A 40-year-old woman who allegedly posted a 17-year-old girl's picture and identifying and contact information to the "Casual Encounters" section of Craigslist after having a fight with the 17-year-old and the 17-year-old's mother was charged with cyberbullying. The online posting
The statute that Elizabeth A. Thrasher was charged under was passed in the wake of the Lori Drew case. Thrasher's attorney has said that she will challenge the constitutionality of the statute.
She was released on bond, but is barred from using a computer or the Internet.
Links and Case Documents:
http://www.stltoday.com/blogzone/st-louis-crime-beat/tag/elizabeth-thrasher/
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=112038
Status: Pending.
A 40-year-old woman who allegedly posted a 17-year-old girl's picture and identifying and contact information to the "Casual Encounters" section of Craigslist after having a fight with the 17-year-old and the 17-year-old's mother was charged with cyberbullying. The online posting
The statute that Elizabeth A. Thrasher was charged under was passed in the wake of the Lori Drew case. Thrasher's attorney has said that she will challenge the constitutionality of the statute.
She was released on bond, but is barred from using a computer or the Internet.
Links and Case Documents:
http://www.stltoday.com/blogzone/st-louis-crime-beat/tag/elizabeth-thrasher/
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=112038
CRIMINAL CASE: Connecticut v. Turner, No. ____ (Conn. Super. Ct. 2009)
Status: Pending.
On June 3, 2009, blogger and Internet radio host Hal Turner, a white supremacist, surrendered to police for comments on his program and web site that were alleged to constitute threats to two Connecticut elected officials and a state ethics official. Two weeks later, the FBI arrested Turner for alleged threats against three judges of the federal 7th Circuit Court of Appeals in Chicago (see U.S. v. Turner).
In the Connecticut case, Turner was charged with inciting injury to person or property, a Class C felony. He was released after posting $25,000 bail, and his lawyer is arguing that the comments were "political hyperbole" protected by the First Amendment.
Links and Court Documents:
http://www.chicagotribune.com/community/hc-hal-turner-0612.artjun12,0,6819350.story
http://www.chicagotribune.com/news/politics/hc-hal-turner-to-surrender-0611,0,5399521.story
http://www.nytimes.com/2009/06/30/nyregion/30radio.html?ref=global-home
http://www.courant.com/news/politics/hc-hal-turner-court-0819.artaug19,0,5016631.story
Status: Pending.
On June 3, 2009, blogger and Internet radio host Hal Turner, a white supremacist, surrendered to police for comments on his program and web site that were alleged to constitute threats to two Connecticut elected officials and a state ethics official. Two weeks later, the FBI arrested Turner for alleged threats against three judges of the federal 7th Circuit Court of Appeals in Chicago (see U.S. v. Turner).
In the Connecticut case, Turner was charged with inciting injury to person or property, a Class C felony. He was released after posting $25,000 bail, and his lawyer is arguing that the comments were "political hyperbole" protected by the First Amendment.
Links and Court Documents:
http://www.chicagotribune.com/community/hc-hal-turner-0612.artjun12,0,6819350.story
http://www.chicagotribune.com/news/politics/hc-hal-turner-to-surrender-0611,0,5399521.story
http://www.nytimes.com/2009/06/30/nyregion/30radio.html?ref=global-home
http://www.courant.com/news/politics/hc-hal-turner-court-0819.artaug19,0,5016631.story
Sollami v. Sheppard, No. 007550/2003 (N.Y. Sup. Ct., Orange County filed Oct. 6, 2004).
Status: Mistrial declared May 21, 2007; after jury in retrial awarded $2,400 in compensatory and $500 in punitive damages on Aug. 17, 2009, the parties reached a settlement with no monetary payment
In August 2006, the Appellate Division reversed a trial court ruling dismissing former Cornwall Supervisor Jim Sollami's defamation case against Tom Sheppard, who publishes the blog Cornball-local.com. The appeals court held (21 A.D.3d 408, 799 N.Y.S.2d 427, 2005 N.Y. Slip Op. 06311 (N.Y. Sup.Ct.
Trial began May 15, 2007, but a mistrial was declared after Sollami’s attorney fell ill. Sollami was later ordered to pay Sheppard's attorney fees for the trial.
A retrial was held in August 2009. After a six-day trial, on Aug. 17 the jury awarded Sollami $2,400 in compensatory damages on two of the five defamation claims. The jury also erroneously awarded $500 in punitive damages: although the judge had barred punitives, the punitive damages question was mistakenly left on the verdict sheet.
After the verdict, the parties reached a stipulated settlement with no award to either side, and both waived their right to appeal.
Links and Court Documents:
http://www.citmedialaw.org/threats/sollami-v-sheppard
Appellate Division decision and order: http://www.courts.state.ny.us/reporter/3dseries/2005/2005_06311.htm
http://www.recordonline.com/archive/2005/08/12/blogthis.htm
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20070522/NEWS/705220323
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20090816/NEWS/908160332
Status: Mistrial declared May 21, 2007; after jury in retrial awarded $2,400 in compensatory and $500 in punitive damages on Aug. 17, 2009, the parties reached a settlement with no monetary payment
In August 2006, the Appellate Division reversed a trial court ruling dismissing former Cornwall Supervisor Jim Sollami's defamation case against Tom Sheppard, who publishes the blog Cornball-local.com. The appeals court held (21 A.D.3d 408, 799 N.Y.S.2d 427, 2005 N.Y. Slip Op. 06311 (N.Y. Sup.
Trial began May 15, 2007, but a mistrial was declared after Sollami’s attorney fell ill. Sollami was later ordered to pay Sheppard's attorney fees for the trial.
A retrial was held in August 2009. After a six-day trial, on Aug. 17 the jury awarded Sollami $2,400 in compensatory damages on two of the five defamation claims. The jury also erroneously awarded $500 in punitive damages: although the judge had barred punitives, the punitive damages question was mistakenly left on the verdict sheet.
After the verdict, the parties reached a stipulated settlement with no award to either side, and both waived their right to appeal.
Links and Court Documents:
http://www.citmedialaw.org/threats/sollami-v-sheppard
Appellate Division decision and order: http://www.courts.state.ny.us/reporter/3dseries/2005/2005_06311.htm
http://www.recordonline.com/archive/2005/08/12/blogthis.htm
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20070522/NEWS/705220323
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20090816/NEWS/908160332
Gooden v. Milum, No. _____ (
Status: $100,000 award to plaintiff; also $50,000 in attorney's fees
David Milum was sued by former Forsyth County employee Joseph Gooden for comments on the aboutforsyth.com web site accusing Gooden of accepting bribes and extorting money from vendors. A jury eventually awarded Gooden $100,000 in damages and $50,000 in attorney's fees.
Links and Court Documents:
Mentioned in http://www.forsythnews.com/news/stories/20060129/localnews/61856.shtml
Mentioned in http://www.forsythnews.com/news/article/3127/
Smithgall v. Shelton, No. 09-CV-2199 (Ga. Super. filed Aug. 6, 2009).
Status: Pending.
Forsyth County, Ga. sheriff’s deputy John Smithgall sued over postings to the "About Forsyth" web site (http://www.aboutforsyth.net) alleging that he is the father of defendant Lisa Shelton's child. According to the suit, Sheldon -- Smithgall's former girlfriend -- made the initial posting with the allegation, and defendant Kim Pruitt posted a comment "confirming" the allegation.
The third defendant in the suit is "About Forsyth" webmaster David Milum, for a posting on the dispute that he wrote on the site, with the headline, "FCSO Officer John Smithgall Allegedly Denies Paternity?"
Links and Court Doucuments:
http://www.forsythnews.com/news/article/3127/
Complaint: http://www.aboutforsyth.net/forum/viewtopic.php?p=29278&sid=cf0ced48e103b7a179583a733f2a1f64
Status: Pending.
Forsyth County, Ga. sheriff’s deputy John Smithgall sued over postings to the "About Forsyth" web site (http://www.aboutforsyth.net) alleging that he is the father of defendant Lisa Shelton's child. According to the suit, Sheldon -- Smithgall's former girlfriend -- made the initial posting with the allegation, and defendant Kim Pruitt posted a comment "confirming" the allegation.
The third defendant in the suit is "About Forsyth" webmaster David Milum, for a posting on the dispute that he wrote on the site, with the headline, "FCSO Officer John Smithgall Allegedly Denies Paternity?"
Links and Court Doucuments:
http://www.forsythnews.com/news/article/3127/
Complaint: http://www.aboutforsyth.net/forum/viewtopic.php?p=29278&sid=cf0ced48e103b7a179583a733f2a1f64
Hansen v. Wilson, No. _____ (Cal. Super., Humboldt County filed late 2008).
Status: Settled in part.
Eureka, Cal. Police Department Communications Supervisor Tawnie Hansen filed the suit late last year against several unnamed "John Does" for comments posted on a (now-largely deleted and no-longer-updated) blog titled "Above the Law" (abovethelaweureka.blogspot.com), written by a blogger using the pseudonyms "Frank Serpico," a name of a former New York police officer who revealed corruption within that department in the early 1970s, and "Bucky Grace."
The blog focused on alleged impropriety within the Eureka, Cal. police department, and dissatisfaction with Police Chief Garr Nielsen; among the statements by "Serpico/Grace" and commenters on the blogs, many of whom appeared to be police department employees, were those allegeding that Hansen and Nielsen were having an affair. Hansen sued over these online comments, as well as other, oral statements, alleging defamation and intentional infliction of emotional distress.
The suit initially named 100 "John Doe" defendants; in an amended complaint, Hansen named Eureka Police Department Support Services Manager Devora Wilson as one of the defendants. In August 2009, Wilson settled for $10,000.
The case against the other defendants, including the blogger behind the site, continues.
Links and Court Documents:
http://www.times-standard.com/ci_13021423
http://humboldtherald.wordpress.com/2009/06/29/eureka-police-blog-spawns-lawsuit
http://www.contracostatimes.com/california/ci_12729896?nclick_check=1
Interview with "Frank Serpico": http://khum.streamguys.us/John_Matthews_KSLG-Frank_Serpico042208.mp3
Status: Settled in part.
Eureka, Cal. Police Department Communications Supervisor Tawnie Hansen filed the suit late last year against several unnamed "John Does" for comments posted on a (now-largely deleted and no-longer-updated) blog titled "Above the Law" (abovethelaweureka.blogspot.com), written by a blogger using the pseudonyms "Frank Serpico," a name of a former New York police officer who revealed corruption within that department in the early 1970s, and "Bucky Grace."
The blog focused on alleged impropriety within the Eureka, Cal. police department, and dissatisfaction with Police Chief Garr Nielsen; among the statements by "Serpico/Grace" and commenters on the blogs, many of whom appeared to be police department employees, were those allegeding that Hansen and Nielsen were having an affair. Hansen sued over these online comments, as well as other, oral statements, alleging defamation and intentional infliction of emotional distress.
The suit initially named 100 "John Doe" defendants; in an amended complaint, Hansen named Eureka Police Department Support Services Manager Devora Wilson as one of the defendants. In August 2009, Wilson settled for $10,000.
The case against the other defendants, including the blogger behind the site, continues.
Links and Court Documents:
http://www.times-standard.com/ci_13021423
http://humboldtherald.wordpress.com/2009/06/29/eureka-police-blog-spawns-lawsuit
http://www.contracostatimes.com/california/ci_12729896?nclick_check=1
Interview with "Frank Serpico": http://khum.streamguys.us/John_Matthews_KSLG-Frank_Serpico042208.mp3
CRIMINAL CASE: State v. Strom, No. _____ (Va. Cir. Ct. 2009).
Status: Pending.
On July 17, 2009, police arrested and jailed Elisha Strom on charges that the content of her blog, I HeArTE JADE, violates Virginia's law prohibiting publishing personal information, including name and address, of police officers "with the intent to coerce, intimidate, or harass." Va. Code § 18.2-186.4.
Strom's site contains photographs, names and addresses of members of the Jefferson Area Drug Enforcement task force, known as JADE. On the site, she claims that all the information came from public sources.
Links and Court Documents:
http://www.readthehook.com/blog/index.php/2009/07/30/hobby-or-harassment-blogger-strom-jailed-for-cop-site/
http://www.wsls.com/sls/news/local/article/bedford_co._woman_blogs_about_police_then_gets_arrested/42423/
http://www.washingtonpost.com/wp-dyn/content/article/2009/08/09/AR2009080902126.html
Status: Pending.
On July 17, 2009, police arrested and jailed Elisha Strom on charges that the content of her blog, I HeArTE JADE, violates Virginia's law prohibiting publishing personal information, including name and address, of police officers "with the intent to coerce, intimidate, or harass." Va. Code § 18.2-186.4.
Strom's site contains photographs, names and addresses of members of the Jefferson Area Drug Enforcement task force, known as JADE. On the site, she claims that all the information came from public sources.
Links and Court Documents:
http://www.readthehook.com/blog/index.php/2009/07/30/hobby-or-harassment-blogger-strom-jailed-for-cop-site/
http://www.wsls.com/sls/news/local/article/bedford_co._woman_blogs_about_police_then_gets_arrested/42423/
http://www.washingtonpost.com/wp-dyn/content/article/2009/08/09/AR2009080902126.html
Hammitt v. Busbin, Civil No. 07-13353 (Ga. Super., Chattooga County filed Dec. 12, 2007).
Status: Jury verdict for defendants (Aug. 4, 2009).
After withdrwaing their previous suit, Ed and Brenda Hammitt refiled their suit against operator of the RomeNewsbyWatson.com news and commentary blog over comments posted by a user of the site (with the pseudonym "dirtyboy") that accused them of growing marjuana and accused Ed Hammitt of defrauding the local electric company.
The suit named the poster, who was discovered to be Ken Busbin, and webmaster Teresa Watson, who they claimed encouraged such comments and actively edited them.
After a two-day trial in the Georgia Superior Court in Summerville, Ga., on Aug. 4, 2009 the jury held that webmaster Watson was not liable for the comments posted on her site, and that the comment at issue was not libelous.
Links and Court Documents:
http://rn-t.com/bookmark/3079120
http://rn-t.com/bookmark/3080502
http://www.rn-t.com/printer_friendly/3080502
Status: Jury verdict for defendants (Aug. 4, 2009).
After withdrwaing their previous suit, Ed and Brenda Hammitt refiled their suit against operator of the RomeNewsbyWatson.com news and commentary blog over comments posted by a user of the site (with the pseudonym "dirtyboy") that accused them of growing marjuana and accused Ed Hammitt of defrauding the local electric company.
The suit named the poster, who was discovered to be Ken Busbin, and webmaster Teresa Watson, who they claimed encouraged such comments and actively edited them.
After a two-day trial in the Georgia Superior Court in Summerville, Ga., on Aug. 4, 2009 the jury held that webmaster Watson was not liable for the comments posted on her site, and that the comment at issue was not libelous.
Links and Court Documents:
http://rn-t.com/bookmark/3079120
http://rn-t.com/bookmark/3080502
http://www.rn-t.com/printer_friendly/3080502
Hammitt v. Watson, Civil No. 07-4954 (Ga. Super., Floyd County
Status: Dropped by plaintiffs.
Ed and Brenda Hammitt sued the operator of the RomeNewsbyWatson.com web site over comments posted by a user of the site that accused them of criminal activity. The case was dropped by the plaintiffs in December 2007 for procedural reasons, but was refiled in Chattooga County.
Links and Court Documents:
http://www.citmedialaw.org/threats/hammitt-v-watson
http://www.romenewsbywatson.com/?p=1315
http://news.mywebpal.com/partners/680/public/news859120.html
Complaint: http://www1.romenews-tribune.com/Files/Documents/Watsonsuit.pdf
Status: Dropped by plaintiffs.
Ed and Brenda Hammitt sued the operator of the RomeNewsbyWatson.com web site over comments posted by a user of the site that accused them of criminal activity. The case was dropped by the plaintiffs in December 2007 for procedural reasons, but was refiled in Chattooga County.
Links and Court Documents:
http://www.citmedialaw.org/threats/hammitt-v-watson
http://www.romenewsbywatson.com/?p=1315
http://news.mywebpal.com/partners/680/public/news859120.html
Complaint: http://www1.romenews-tribune.com/Files/Documents/Watsonsuit.pdf
Dennis v. Watson, Civil No. 07CV05202 JFL002 (
Status: Trial on damages pending; interlocutory appeal pending before
In December 2007, Stephanie Dennis sued Teresa Watson, operator of the RomeNewsbyWatson.com web site, for comments posted on the site which alleged that Dennis was having an affair. [Although such suits are ordinarily barred by section 230 of the Communications Decency Act. it, is unclear whether the argument was made in this case.]
After a short detour to federal court, which remanded the case to state court, Watson moved that the judge hearing the case recuse himself, but the judge refused; Watson then appealed the refusal to the Georgia Supreme Court. While the appeal was pending, the judge held two hearings in the case and on Feb. 4, 2009 held Watson in default when she did not appear, and planned to hold a trial on damages. The following day, Feb. 5, the Georgia Supreme Court transferred the case to the Georgia Court of Appeals, which on Feb. 11 declined to order the lower court to halt its proceedings.
Links and Court Documents:
http://news.mywebpal.com/partners/680/public/news948417.html
http://news.mywebpal.com/partners/680/public/news947488.html
http://news.mywebpal.com/news_tool_v2.cfm?pnpid=680&show=archivedetails&ArchiveID=1325823&om=1
http://news.mywebpal.com/partners/680/public/news947926.html
http://thesummervillenews.com/index2.php?option=com_content&do_pdf=1&id=244
Supreme Court docket: http://www.gasupreme.us/docket_search/results_one_record.php?docr_case_num=S09M0738
Supreme Court remand: http://www1.romenews-tribune.com/Files/Documents/020709teresawatson.pdf
CRIMINAL CASE: State v. Deterrance Brown, No. __________ (S.C. Cir. Ct. July 29, 2009).
Status: Pending.
The Greenwood County Sheriff's office arrested Deterrance Brown after a 19-year-old man complained that Brown had defamed him in statements on Facebook and MySpace saying that he was holding a cookout for the man “because he is HIV positive.”
Links and Court Documents:
http://www.indexjournal.com/articles/2009/07/30/news/i0730%20facebook.txt
Status: Pending.
The Greenwood County Sheriff's office arrested Deterrance Brown after a 19-year-old man complained that Brown had defamed him in statements on Facebook and MySpace saying that he was holding a cookout for the man “because he is HIV positive.”
Links and Court Documents:
http://www.indexjournal.com/articles/2009/07/30/news/i0730%20facebook.txt
Eberhard v. Musk, No. CIV484400 (Cal. Super., San Mateo County filed May 26, 2009).
Status: Motion to dismiss denied (July 29, 2009).
Tesla Motors co-founder Martin Eberhard claims that company CEO Elon Musk libeled him in statements to reporters and postings on the company's blog about the car company's financial condition.
On July 29, the court preliminarily denied a defense motion to dismiss the case.
Links and Court Documents:
Docket: http://openaccess1.sanmateocourt.org/openaccess/civil/casereport.asp?casenumber=484400&courtcode=A&casetype=CIV&dsn=
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/07/29/financial/f144043D25.DTL
Status: Motion to dismiss denied (July 29, 2009).
Tesla Motors co-founder Martin Eberhard claims that company CEO Elon Musk libeled him in statements to reporters and postings on the company's blog about the car company's financial condition.
On July 29, the court preliminarily denied a defense motion to dismiss the case.
Links and Court Documents:
Docket: http://openaccess1.sanmateocourt.org/openaccess/civil/casereport.asp?casenumber=484400&courtcode=A&casetype=CIV&dsn=
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/07/29/financial/f144043D25.DTL
Mink v. Salazar, Civil No. 04-B-23, 344 F. Supp. 2d 1231 (D. Colo. dismissed Oct. 26, 2004), aff’d, Mink v. Dominguez, No. 04-1496, 482 F.3d 1244, 35 Media L. Rep. 1838 (10th Cir. April 16, 2007), reh’g en banc denied (10th Cir. July 19, 2007), cert. denied, Knox v. Mink, No. 07-516, 128 S.Ct. 1122, 169 L.Ed.2d 949 (U.S. Jan. 22, 2008).
Status: Dismissal affirmed in part and reversed in part.
Thomas Mink brought a civil suit challenging the constitutionality ofColorado
Links and Court Documents:
http://www.aclu-co.org/docket/200320/200320_description.htm
http://www.usatoday.com/tech/news/2004-01-20-howling-legal_x.htm
http://www.firstamendmentcenter.org/news.aspx?id=12451
http://www.greeleytrib.com/article/20050405/NEWS/104050057&SearchID=7322286462859
http://www.splc.org/newsflash_archives.asp?id=1160&year=2006
http://www.splc.org/newsflash.asp?id=1672
http://www.splc.org/newsflash.asp?id=1789
Initial trial court dismissal: http://www.aclu-co.org/docket/200320/200320_Ruling_dismissing_case_10-26-04.pdf
Appellate decision: http://www.ca10.uscourts.gov/opinions/04/04-1496.pdf
U.S. Supreme Court docket: http://www.supremecourtus.gov/docket/07-516.htm
Status: Dismissal affirmed in part and reversed in part.
Thomas Mink brought a civil suit challenging the constitutionality of
Links and Court Documents:
http://www.aclu-co.org/docket/200320/200320_description.htm
http://www.usatoday.com/tech/news/2004-01-20-howling-legal_x.htm
http://www.firstamendmentcenter.org/news.aspx?id=12451
http://www.greeleytrib.com/article/20050405/NEWS/104050057&SearchID=7322286462859
http://www.splc.org/newsflash_archives.asp?id=1160&year=2006
http://www.splc.org/newsflash.asp?id=1672
http://www.splc.org/newsflash.asp?id=1789
Initial trial court dismissal: http://www.aclu-co.org/docket/200320/200320_Ruling_dismissing_case_10-26-04.pdf
Appellate decision: http://www.ca10.uscourts.gov/opinions/04/04-1496.pdf
U.S. Supreme Court docket: http://www.supremecourtus.gov/docket/07-516.htm
Nuewirth v. Silverstein, No. SC094441 (Cal. Super., Los Angeles County dismissed Nov. 27, 2007), rev’d, No. B205521 (Cal.
Status: Grant of anti-SLAPP motion (dismissing case) reversed in part, trial on outstanding claims pending
Conservative commentator Rachel Neuwirth sued blogger Richard Silverstein for postings on his Tikun Olam blog (www.richardsilverstein.com) criticizing Neuwirth, including referring to her as "Kahanist swine" (referring to ardentIsrael Stanford University professor Joel Beinin over comments he sent to Haifa University
Links and Court Documents:
ttp://www.jewishjournal.com/home/preview.php?id=18589
http://www.metnews.com/articles/2009/neuw021109.htm
Case info and documents: http://www.citmedialaw.org/threats/neuwirth-v-silverstein
Trial court docket available at http://www.lasuperiorcourt.org/civilCaseSummary/index.asp?CaseType=Civil (enter case number)
Status: Grant of anti-SLAPP motion (dismissing case) reversed in part, trial on outstanding claims pending
Conservative commentator Rachel Neuwirth sued blogger Richard Silverstein for postings on his Tikun Olam blog (www.richardsilverstein.com) criticizing Neuwirth, including referring to her as "Kahanist swine" (referring to ardent
Links and Court Documents:
ttp://www.jewishjournal.com/home/preview.php?id=18589
http://www.metnews.com/articles/2009/neuw021109.htm
Case info and documents: http://www.citmedialaw.org/threats/neuwirth-v-silverstein
Trial court docket available at http://www.lasuperiorcourt.org/civilCaseSummary/index.asp?CaseType=Civil (enter case number)
Steinbach v. Cutler, Civil No. 06-00620 (E.D. Ark. filed May 16, 2006).
Status: Claims against most defendants dismissed; dismissal of claims against Hyperion Books reversed; pending.
In addition to his suit in the District of Columbia, in May 2006 Robert Steinbach filed a separate suit over the book, The Washingtonienne, a novel based on Jessica Culter’s “Washingtonienne” blog (http://washingtonienne.blogspot.com; no longer existent, but archived at http://washingtoniennearchive.blogspot.com/). The court dismissed the suit on jurisdictional grounds on Feb. 7, 2007. On appeal, the 8th Circuit Court of Appeals affirmed the dismissal against most of the defendants, but reversed dismissal of the claims against Hyperion Books. The case against Hyperion is pending.
Links and Court Documents:
Appeals decision: http://www.ca8.uscourts.gov/opndir/08/03/071509P.pdf
Status: Claims against most defendants dismissed; dismissal of claims against Hyperion Books reversed; pending.
In addition to his suit in the District of Columbia, in May 2006 Robert Steinbach filed a separate suit over the book, The Washingtonienne, a novel based on Jessica Culter’s “Washingtonienne” blog (http://washingtonienne.blogspot.com; no longer existent, but archived at http://washingtoniennearchive.blogspot.com/). The court dismissed the suit on jurisdictional grounds on Feb. 7, 2007. On appeal, the 8th Circuit Court of Appeals affirmed the dismissal against most of the defendants, but reversed dismissal of the claims against Hyperion Books. The case against Hyperion is pending.
Links and Court Documents:
Appeals decision: http://www.ca8.uscourts.gov/opndir/08/03/071509P.pdf
Kruska v. Perverted Justice Foundation, No. 2:08-cv-00054 (D. Arizona
Status: Dismissed; appeal dismissed, No. 09-15426 (9th Cir. mandate May 21, 2009).
After journalist Jan Kruska expressed her opinion on the over breadth of anti-pedophile laws, several websites, including www.jankruska.com and www.jankruska.net, (both registered through defendant GoDaddy.com), posted allegations that Kruska was herself a convicted pedophile and child molester.
Kruska filed a complaint alleging both state and federal tort and criminal actions against these websites and several affiliated individuals, including Barbara Ochoa, who Kruska claims threatened her if she did not remover her “entire web presence.”
The court granted Ochoa’s motion to dismiss, and dismissed the claims against GoDaddy.com under section 230 of the Communications Decency Act. Kruska appealed, but the appellate court dismissed the appeal.
Links and Court Documents:
www.citmedialaw.org/threats/kruska-v-perverted-justice-foundation
Complaint: http://docs.justia.com/cases/federal/district-courts/arizona/azdce/2:2008cv00054/366532/1/
http://blog.ericgoldman.org/archives/2008/07/godaddy_gets_23.htm
http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea
Order granting motion to dismiss by GoDaddy.com and defendant Bob Parsons: http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea
Status: Dismissed; appeal dismissed, No. 09-15426 (9th Cir. mandate May 21, 2009).
After journalist Jan Kruska expressed her opinion on the over breadth of anti-pedophile laws, several websites, including www.jankruska.com and www.jankruska.net, (both registered through defendant GoDaddy.com), posted allegations that Kruska was herself a convicted pedophile and child molester.
Kruska filed a complaint alleging both state and federal tort and criminal actions against these websites and several affiliated individuals, including Barbara Ochoa, who Kruska claims threatened her if she did not remover her “entire web presence.”
The court granted Ochoa’s motion to dismiss, and dismissed the claims against GoDaddy.com under section 230 of the Communications Decency Act. Kruska appealed, but the appellate court dismissed the appeal.
Links and Court Documents:
www.citmedialaw.org/threats/kruska-v-perverted-justice-foundation
Complaint: http://docs.justia.com/cases/federal/district-courts/arizona/azdce/2:2008cv00054/366532/1/
http://blog.ericgoldman.org/archives/2008/07/godaddy_gets_23.htm
http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea
Order granting motion to dismiss by GoDaddy.com and defendant Bob Parsons: http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea
J.S. v. Blue Mountain School District, Civil No. 2007-00585 (M.D. Pa. summary judgment granted Sept. 11, 2008).
Status: Appeal of summary judgment grant to defendants pending (argued June 2, 2009).
On a home computer, students J.S. and K.L. created and postred a fake MySpace page that appeared to be for the principal of their high school. The fake profile, which used the principal’s photograph but not his name, described him as a pedophile and a sex addict. The two girls were suspended from school for ten days.
One of the girls and her parents sued, arguing that the school could not discipline her for activity that occurred totally outside of school. The district court disagreed, holding that “as vulgar, lewd, and potentially illegal speech that had an effect on campus, we find that the school did not violate the plaintiff’s rights in punishing her for it even though it arguably did not cause a substantial disruption of the school.”
The plaintiffs appealed, and the case was argued before the court of appeals on June 2, 2009. No. 08-4138 (3rd Cir. appeal filed Oct. 6, 2008).
Links and Court Documents:
http://arstechnica.com/news.ars/post/20080922-judge-school-can-suspend-students-over-fake-myspace-profile.html
http://www.law.com/jsp/article.jsp?id=1202424549808
Docket: http://news.justia.com/cases/featured/pennsylvania/pamdce/3:2007cv00585/67046/
Opinion granting summary judgment: http://howappealing.law.com/JSvsBlueMountainSD.pdf
Status: Appeal of summary judgment grant to defendants pending (argued June 2, 2009).
On a home computer, students J.S. and K.L. created and postred a fake MySpace page that appeared to be for the principal of their high school. The fake profile, which used the principal’s photograph but not his name, described him as a pedophile and a sex addict. The two girls were suspended from school for ten days.
One of the girls and her parents sued, arguing that the school could not discipline her for activity that occurred totally outside of school. The district court disagreed, holding that “as vulgar, lewd, and potentially illegal speech that had an effect on campus, we find that the school did not violate the plaintiff’s rights in punishing her for it even though it arguably did not cause a substantial disruption of the school.”
The plaintiffs appealed, and the case was argued before the court of appeals on June 2, 2009. No. 08-4138 (3rd Cir. appeal filed Oct. 6, 2008).
Links and Court Documents:
http://arstechnica.com/news.ars/post/20080922-judge-school-can-suspend-students-over-fake-myspace-profile.html
http://www.law.com/jsp/article.jsp?id=1202424549808
Docket: http://news.justia.com/cases/featured/pennsylvania/pamdce/3:2007cv00585/67046/
Opinion granting summary judgment: http://howappealing.law.com/JSvsBlueMountainSD.pdf
Sedgwick Claims Management Servs., Inc. v. Delsman, No. C 09-1468 SBA (N.D. Cal. 2009).
Status: Defense motion to dismiss granted (July 16, 2009).
Sedgwick Claims Management Services sued Robert A. Delsman, Jr., who was denied a disability claim by Sedgwick, and has criticized the company on his blogs, gesupplydiscrimination.com; Sedgwickcms.blogspot.com; and gesupplyrexeldiscrimination.com.
The company sued for defamation over the blog postings, and for copyright infringement for Delsman's use of photographs of two Sedgwick executives, altered to appear like Adolph Hitler and Heinrich Himler, on "Wanted" posters on postcards sent to Sedgwick employees.
The court dismissed the case, holding that Delsman's use of the phorographs was fair use, and dismissing the other claims under California's anti-SLAPP statute.
Links and Court Documents:
http://volokh.com/archives/archive_2009_07_19-2009_07_25.shtml#1248388260
Ruling dismissing case: http://volokh.com/files/sedgwick.pdf
Status: Defense motion to dismiss granted (July 16, 2009).
Sedgwick Claims Management Services sued Robert A. Delsman, Jr., who was denied a disability claim by Sedgwick, and has criticized the company on his blogs, gesupplydiscrimination.com; Sedgwickcms.blogspot.com; and gesupplyrexeldiscrimination.com.
The company sued for defamation over the blog postings, and for copyright infringement for Delsman's use of photographs of two Sedgwick executives, altered to appear like Adolph Hitler and Heinrich Himler, on "Wanted" posters on postcards sent to Sedgwick employees.
The court dismissed the case, holding that Delsman's use of the phorographs was fair use, and dismissing the other claims under California's anti-SLAPP statute.
Links and Court Documents:
http://volokh.com/archives/archive_2009_07_19-2009_07_25.shtml#1248388260
Ruling dismissing case: http://volokh.com/files/sedgwick.pdf
Langlois v. Langlois? (R.I. Fam Ct., Kent County motion filed 2009).
Status: Injunction issued; motion for reconsideration pending.
Tracey Martin, who is involved a child custody dispute with her ex-husband Michael Bouthillier, asked the Family Court judge to enjoin Bouthillier's sister, Michelle Bouthillier Langlois, from writing about the case in updates to her Facebook page (http://www.facebook.com/people/Michelle-Bouthillier-Langlois/1241318577). She also filed a complaint against Langlois with police.
Judge Michael Forte issued such an order in June; Langlois, with the assistance of the Rhode Island affiliate of the American Civil Liberties Union, has asked Forte to reconsider his decision. A hearing is scheduled for July 29.
Links and Court Documents:
http://www.projo.com/news/courts/content/ACLU_FAMILY_COURT_07-23-09_ODF506A_v10.345e5b4.html
http://www.riaclu.org/News/Releases/20090722.htm
Status: Injunction issued; motion for reconsideration pending.
Tracey Martin, who is involved a child custody dispute with her ex-husband Michael Bouthillier, asked the Family Court judge to enjoin Bouthillier's sister, Michelle Bouthillier Langlois, from writing about the case in updates to her Facebook page (http://www.facebook.com/people/Michelle-Bouthillier-Langlois/1241318577). She also filed a complaint against Langlois with police.
Judge Michael Forte issued such an order in June; Langlois, with the assistance of the Rhode Island affiliate of the American Civil Liberties Union, has asked Forte to reconsider his decision. A hearing is scheduled for July 29.
Links and Court Documents:
http://www.projo.com/news/courts/content/ACLU_FAMILY_COURT_07-23-09_ODF506A_v10.345e5b4.html
http://www.riaclu.org/News/Releases/20090722.htm
City of Kirkland v. Sheehan, No. 01-2-09513-7 SEA, 2001 WL 1751590 (Wash. Super. filed 2001).
Status: Injunction mostly denied.
City officials of Kirkland, Wash. sued William Sheehan seeking an injunction against his website, www.justicefiles.org, which posted the names, Social Security numbers, and other personal information of police officers and their relatives. Sheehan offered to remove the listings only if police agencies verified the names of their employees, and set up civilian complaint review boards.
The court granted the injunction only as to the Social Security numbers. It declined to issue an injunction against posting the other information, holding that "In this case, as in numerous others, in the absence of a credible specific threat of harm, the publication of lawfully obtained addresses and telephone numbers, while certainly unwelcome to those who had desired a greater degree of anonymity, is traditionally viewed as having the ability to promote political speech."
The Washington legislature then passed Chapter 336 of the Washington Laws of 2002, which would have created a cause of action for declaratory and injunctive relief, and monetary damages, for any person who “with the intent to harm or intimidate” identifies and releases certain information about law enforcement or court-related employees or volunteers. Sheehan sued, resulting in a summary judgment ruling that the statute was unconstitutional. Sheehan v. Gregoire, Civil No. 02-1112, 272 F. Supp. 2d 1135 (W.D. Wash. summary judgment May 22, 2003).
Links and Court Documents:
Decision denying injunction: http://www.politechbot.com/docs/justicefiles.opinion.051001.html
Status: Injunction mostly denied.
City officials of Kirkland, Wash. sued William Sheehan seeking an injunction against his website, www.justicefiles.org, which posted the names, Social Security numbers, and other personal information of police officers and their relatives. Sheehan offered to remove the listings only if police agencies verified the names of their employees, and set up civilian complaint review boards.
The court granted the injunction only as to the Social Security numbers. It declined to issue an injunction against posting the other information, holding that "In this case, as in numerous others, in the absence of a credible specific threat of harm, the publication of lawfully obtained addresses and telephone numbers, while certainly unwelcome to those who had desired a greater degree of anonymity, is traditionally viewed as having the ability to promote political speech."
The Washington legislature then passed Chapter 336 of the Washington Laws of 2002, which would have created a cause of action for declaratory and injunctive relief, and monetary damages, for any person who “with the intent to harm or intimidate” identifies and releases certain information about law enforcement or court-related employees or volunteers. Sheehan sued, resulting in a summary judgment ruling that the statute was unconstitutional. Sheehan v. Gregoire, Civil No. 02-1112, 272 F. Supp. 2d 1135 (W.D. Wash. summary judgment May 22, 2003).
Links and Court Documents:
Decision denying injunction: http://www.politechbot.com/docs/justicefiles.opinion.051001.html
CRIMINAL CASE: U.S. v. White, Crim. No. 08-851 (N.D. Ill. 2008).
Status: Charges dismissed (N.D. Ill. July 21, 2009).
William White was charged under 18 U.S.C. § 373, "Solicitation to commit a crime of violence," after he posted on his website (www.overthrow.com; now defunct) the name, home address, phone numbers, and other personal information of the foreperson of the jury that convicted white supremacist leader Matthew Hale for soliciting the murder of a federal judge.
While the postings about the jury foreperson did not explicitly call for violence, the indictment also cited other postings to the site giving detailed personal information about other individuals involved in civil rights disputes and cases which did explicitly called for violence against the individuals named.
The court granted White's motion to dismiss the charges, ruling that because his postings did not advocate harm to the jury foreperson, prosecution under the statute would violate the First Amendment.
Separate charges against White in federal court in Virginia were not affected by this ruling.
Links and Court Documents:
Charge against Roanoke neo-Nazi leader Bill White dismissed, Roanoke Times, July 22, 2009
>> Ruling dismissing charges
Status: Charges dismissed (N.D. Ill. July 21, 2009).
William White was charged under 18 U.S.C. § 373, "Solicitation to commit a crime of violence," after he posted on his website (www.overthrow.com; now defunct) the name, home address, phone numbers, and other personal information of the foreperson of the jury that convicted white supremacist leader Matthew Hale for soliciting the murder of a federal judge.
While the postings about the jury foreperson did not explicitly call for violence, the indictment also cited other postings to the site giving detailed personal information about other individuals involved in civil rights disputes and cases which did explicitly called for violence against the individuals named.
The court granted White's motion to dismiss the charges, ruling that because his postings did not advocate harm to the jury foreperson, prosecution under the statute would violate the First Amendment.
Separate charges against White in federal court in Virginia were not affected by this ruling.
Links and Court Documents:
Charge against Roanoke neo-Nazi leader Bill White dismissed, Roanoke Times, July 22, 2009
>> Ruling dismissing charges
Mortgage Specialists v. Implode-Explode Heavy Industries, Inc., No. 08-E-0572 (N.H. Super. 2008).
Status: Appeal of order to disclose sources pending.
In October 2008, defendant "Mortgage Lender Implode-0-Meter" blog reported that plaintiff mortgage company The Mortgage Specialists was in trouble with the New Hampshire Banking Department for alleged improper mortgage activities. The report included a "2007 Loan Chart" that The Mortgage Specialists had filed with the banking department, as required by New Hampshire law. The law also provides that the chart "shall not be made public" without an overriding reason determined by the banking department.
Within a few days, a commenter using the name "Brianbattersby" posted comments on the "Implode-0-Meter" site, accusing the president of The Mortgage Specialists of fraud.
Mortgage Specialists sent the site a cease-and-desist letter as to the chart. The site removed the chart, but not the accompanying story, and reserved the right to republish the chart. The company sought the identity of the source of the story, including the loan chart, and the identity of "Brianbattersby." The web site refused to identify the source and the commenter, so Mortgage Specialists sued.
In March 2009, a Superior Court judge ordered the site to disclose the information, holding that "The maintenance of a free press does not give a publisher the right to protect the identity of someone who has provided it with unauthorized or defamatory information."
The site, with the support of various amicus, has appealed to the New Hampshire Supreme Court.
Case Information and Documents:
http://www.citmedialaw.org/threats/mortgage-specialists-inc-v-implode-explode-heavy-industries-inc
http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20090720/OPINION01/907209949/-1/OPINION01
Status: Appeal of order to disclose sources pending.
In October 2008, defendant "Mortgage Lender Implode-0-Meter" blog reported that plaintiff mortgage company The Mortgage Specialists was in trouble with the New Hampshire Banking Department for alleged improper mortgage activities. The report included a "2007 Loan Chart" that The Mortgage Specialists had filed with the banking department, as required by New Hampshire law. The law also provides that the chart "shall not be made public" without an overriding reason determined by the banking department.
Within a few days, a commenter using the name "Brianbattersby" posted comments on the "Implode-0-Meter" site, accusing the president of The Mortgage Specialists of fraud.
Mortgage Specialists sent the site a cease-and-desist letter as to the chart. The site removed the chart, but not the accompanying story, and reserved the right to republish the chart. The company sought the identity of the source of the story, including the loan chart, and the identity of "Brianbattersby." The web site refused to identify the source and the commenter, so Mortgage Specialists sued.
In March 2009, a Superior Court judge ordered the site to disclose the information, holding that "The maintenance of a free press does not give a publisher the right to protect the identity of someone who has provided it with unauthorized or defamatory information."
The site, with the support of various amicus, has appealed to the New Hampshire Supreme Court.
Case Information and Documents:
http://www.citmedialaw.org/threats/mortgage-specialists-inc-v-implode-explode-heavy-industries-inc
http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20090720/OPINION01/907209949/-1/OPINION01
CRIMINAL CASE:
Status: Guilty plea; sentencing scheduled for May 4, 2009.
Kevin Cogill, a contributor to the music blog Antiquiet (www.antiquiet.com), was arrested Aug. 27 by federal agents on charges that he violated copyright laws by posting several unreleased Guns N’ Roses songs. He pleaded guilty in December 2008, and was sentenced to two months of home confinement and one year probation, and ordered to appear in an anti-piracy commercial.
Links and Court Documents:
http://www.latimes.com/entertainment/news/la-me-gunsnroses28-2008aug28,0,1985815.story
http://www.antiquiet.com/editorials/2008/09/the-united-states-of-america-vs-me/
Case information and documents: http://www.citmedialaw.org/threats/united-states-v-cogill
Criminal complaint: http://www.citmedialaw.org/sites/citmedialaw.org/files/2008-08-26-Cogill%20Criminal%20Complaint.pdf
Duffin v. MySpace, No. BC410118 (Cal. Super., Los Angeles County
Status: Withdrawn by plaintiff
Plaintiff Cyd Duffin, principal of Colony High School in Palmer, Alaska sued MySpace and several John Doe defendants in California, where the company is based, over a fake profile created on the social networking site in her name which claimed that she went to strip clubs after school hours and was a member of the Klu Klux Klan. Duffin dropped the suit after the creators of the fake profile confessed and were punished by the school.
Links and Court Documents:
http://www.dailybreeze.com/ci_11977752
http://chs.matsuk12.us/knightlynews/2008-2009/Dec2008.pdf
http://splc.org/newsflash.asp?id=1935
Status: Withdrawn by plaintiff
Plaintiff Cyd Duffin, principal of Colony High School in Palmer, Alaska sued MySpace and several John Doe defendants in California, where the company is based, over a fake profile created on the social networking site in her name which claimed that she went to strip clubs after school hours and was a member of the Klu Klux Klan. Duffin dropped the suit after the creators of the fake profile confessed and were punished by the school.
Links and Court Documents:
http://www.dailybreeze.com/ci_11977752
http://chs.matsuk12.us/knightlynews/2008-2009/Dec2008.pdf
http://splc.org/newsflash.asp?id=1935
Ward v. Cisco Systems, No. 2007-2502-A (Tex. Dist. Ct., Gregg County filed Nov. 7, 2007)
Status: Withdrawn
Eric Albritton and T. John Ward, Jr., two attorneys representing a company which claims that Cisco violated its patents (in ESN, LLC v. Cisco Systems, Inc., Civil No. 07-00156 (E.D.Tex. stipulated dismissal Nov. 2, 2007)) both filed their own lawsuits against the author of the Patent Troll Tracker blog (www.trolltracker.blogspot.com; now members only).
The defamation suits claim that a posting on the blog defamed the attorneys by alleging that although the patent suit had been filed on Oct. 15, 2007 (the day before the patent at issue was granted), the attorneys got the court clerk to change the date to Oct. 16, 2007 in order to avoid having the case dismissed. (They parties eventually agreed to a stipulated dismissal of the patent case in Texas, although another case in Connecticut is still pending.)
Ward initially sued the anonymous blogger as John Doe, and sought to obtain the blogger’s identity by seeking to depose Google. But on Feb. 23 -- after Chicago attorney Ray Niro offered a reward for the identity of the blog’s author and the blogger received an e-mail threatening to identify him -- the blogger identified himself as Rick Frenkel, an attorney who held the position of director of intellectual property at Cisco. Ward then amended his complaint to name Frenkel and his employer.
Later, Ward withdrew the Texas state case, and filed a federal suit in Arkansas against the same defendants.
Links and Court Documents:
http://www.law.com/jsp/article.jsp?id=1205491400004&rss=newswire
http://www.setexasrecord.com/news/209237-patent-troll-tracker-sued-for-defamation
http://techdirt.com/articles/20080312/020814510.shtml
http://www.patentlyo.com/patent/2008/03/troll-tracker-d.html
http://thepriorart.typepad.com/the_prior_art/2008/03/judge-wards-son.html
http://thepriorart.typepad.com/the_prior_art/2008/03/ward-jr-may-hav.html
http://www.informationweek.com/news/management/legal/showArticle.jhtml?articleID=210003653&cid=RSSfeed_IWK_All
Complaint: http://thepriorart.typepad.com/the_prior_art/files/Ward_v_Cisco_Gregg_complaint.pdf
Docket: http://co.gregg.tx.us/OdysseyPA/CaseDetail.aspx?CaseID=246928
Status: Withdrawn
Eric Albritton and T. John Ward, Jr., two attorneys representing a company which claims that Cisco violated its patents (in ESN, LLC v. Cisco Systems, Inc., Civil No. 07-00156 (E.D.Tex. stipulated dismissal Nov. 2, 2007)) both filed their own lawsuits against the author of the Patent Troll Tracker blog (www.trolltracker.blogspot.com; now members only).
The defamation suits claim that a posting on the blog defamed the attorneys by alleging that although the patent suit had been filed on Oct. 15, 2007 (the day before the patent at issue was granted), the attorneys got the court clerk to change the date to Oct. 16, 2007 in order to avoid having the case dismissed. (They parties eventually agreed to a stipulated dismissal of the patent case in Texas, although another case in Connecticut is still pending.)
Ward initially sued the anonymous blogger as John Doe, and sought to obtain the blogger’s identity by seeking to depose Google. But on Feb. 23 -- after Chicago attorney Ray Niro offered a reward for the identity of the blog’s author and the blogger received an e-mail threatening to identify him -- the blogger identified himself as Rick Frenkel, an attorney who held the position of director of intellectual property at Cisco. Ward then amended his complaint to name Frenkel and his employer.
Later, Ward withdrew the Texas state case, and filed a federal suit in Arkansas against the same defendants.
Links and Court Documents:
http://www.law.com/jsp/article.jsp?id=1205491400004&rss=newswire
http://www.setexasrecord.com/news/209237-patent-troll-tracker-sued-for-defamation
http://techdirt.com/articles/20080312/020814510.shtml
http://www.patentlyo.com/patent/2008/03/troll-tracker-d.html
http://thepriorart.typepad.com/the_prior_art/2008/03/judge-wards-son.html
http://thepriorart.typepad.com/the_prior_art/2008/03/ward-jr-may-hav.html
http://www.informationweek.com/news/management/legal/showArticle.jhtml?articleID=210003653&cid=RSSfeed_IWK_All
Complaint: http://thepriorart.typepad.com/the_prior_art/files/Ward_v_Cisco_Gregg_complaint.pdf
Docket: http://co.gregg.tx.us/OdysseyPA/CaseDetail.aspx?CaseID=246928
Davis v. Google, No. 09-CH-15753 (Ill. Cir. Ct. filed April 9, 2009).
Status: Pending.
Cherie Davis, mother of Olympic speed skater Shani Davis -- the first black athlete to win an Olympic gold medal in the sport -- requested that Google remove posts from the unknowncolumn.blogspot.com stating that she had referred to the U.S. Speedskating Federation as "white supremacists" and "neo-Nazi genetic mutations." Davis denies making the statements.
After Google refused, Davis attempted to contact blogger Sean Healy, and discovered that he had died in 2007. David then sued Google, seeking a court order that the blog posting be removed.
Links and Court Documents:
http://www.courthousenews.com/2009/04/13/Olympian_s_Mom_Sues_Google.htm
Complaint: http://www.courthousenews.com/2009/04/13/DavisvGoogle.pdf
Status: Pending.
Cherie Davis, mother of Olympic speed skater Shani Davis -- the first black athlete to win an Olympic gold medal in the sport -- requested that Google remove posts from the unknowncolumn.blogspot.com stating that she had referred to the U.S. Speedskating Federation as "white supremacists" and "neo-Nazi genetic mutations." Davis denies making the statements.
After Google refused, Davis attempted to contact blogger Sean Healy, and discovered that he had died in 2007. David then sued Google, seeking a court order that the blog posting be removed.
Links and Court Documents:
http://www.courthousenews.com/2009/04/13/Olympian_s_Mom_Sues_Google.htm
Complaint: http://www.courthousenews.com/2009/04/13/DavisvGoogle.pdf
CRIMINAL SENTENCING: Commonwealth v. Ruzal, No. ____ (Pa. C.P. 2009).
Status: Defendant sentenced to 33 days in jail
Defendant Scott Ruzal was convicted of driving while intoxicated in a March 16, 2009 trial. Before his sentencing, the prosecutor discovered that Ruzal had been sending Twitter messages during his trial commenting on the proceedings, such as “When all else fails, try ignorance. I watched four cops lie on a witness stand today and I didn’t say a word.”
At the May 7 sentencing, the prosecutor argued that the Tweets showed disrespect for law enforcement. Ruzal apologized for the drunken driving, but not for the comments, saying,“That wasn’t anything I said out of disrespect of the court. It was just an expression of a particular sentiment that I was feeling at the time.”
The judge sentenced Ruzal to 33 days in jail.
Links and Case Documents:
http://www.centredaily.com/news/local/crime_courts/story/1276320.html
Status: Defendant sentenced to 33 days in jail
Defendant Scott Ruzal was convicted of driving while intoxicated in a March 16, 2009 trial. Before his sentencing, the prosecutor discovered that Ruzal had been sending Twitter messages during his trial commenting on the proceedings, such as “When all else fails, try ignorance. I watched four cops lie on a witness stand today and I didn’t say a word.”
At the May 7 sentencing, the prosecutor argued that the Tweets showed disrespect for law enforcement. Ruzal apologized for the drunken driving, but not for the comments, saying,“That wasn’t anything I said out of disrespect of the court. It was just an expression of a particular sentiment that I was feeling at the time.”
The judge sentenced Ruzal to 33 days in jail.
Links and Case Documents:
http://www.centredaily.com/news/local/crime_courts/story/1276320.html
B.F. Shaw Printing Co. v. Skinner, No. ___ (Ill. Cir. Ct., McHenry County filed June 11, 2009).
Status: Pending
The publisher of the Northwest Herald newspaper sued blogger Cal Skinner Jr. over a June 3 posting on his McHenry County Blog (www.mchenrycountyblog.com) claiming that the newspaper had obtained a below-market-rate loan from the county government.
Links and Court Documents:
http://www.nwherald.com/articles/2009/06/11/r_w1e30nk9tseoambew296cw/index.xml
Status: Pending
The publisher of the Northwest Herald newspaper sued blogger Cal Skinner Jr. over a June 3 posting on his McHenry County Blog (www.mchenrycountyblog.com) claiming that the newspaper had obtained a below-market-rate loan from the county government.
Links and Court Documents:
http://www.nwherald.com/articles/2009/06/11/r_w1e30nk9tseoambew296cw/index.xml
New York Times v. Friedland
Status: Cease and desist letter sent
The New York Times sent a cease-and-desist letter to Josh Friedland over the slogan of his The Food Section blog (www.thefoodsection.com), "All the News That's Fit to Eat," which the Times said caused confusion with its "All the News That's Fit to Print" slogan. Friedland removed the slogan, saying he did not have the time or resources for a legal fight.
Links and Court Documents:
http://www.thefoodsection.com/foodsection/2009/04/its-not-fit-to-say-all-the-news-thats-fit-to-print.html
Status: Cease and desist letter sent
The New York Times sent a cease-and-desist letter to Josh Friedland over the slogan of his The Food Section blog (www.thefoodsection.com), "All the News That's Fit to Eat," which the Times said caused confusion with its "All the News That's Fit to Print" slogan. Friedland removed the slogan, saying he did not have the time or resources for a legal fight.
Links and Court Documents:
http://www.thefoodsection.com/foodsection/2009/04/its-not-fit-to-say-all-the-news-thats-fit-to-print.html
Healix Infusion Therapy v. Helix Health, Civil No. H-08-0337 (S.D. Tex. 2008).
Status: Fraud and trademark claims dismissed; cybersquatting claim remains
Blogger Steven Murphy is a medical doctor in Connecticut whose blog, the Gene Sherpa (thegenesherpa.blogspot.com), discusses "personalized medicine," medical care customized to a patient's genetic and environmental background. The blog links to and often discusses Helix Health, a company that provides referrals to physicians who practice personalized medicine, and includes its logo.
Healix Infusion Therapy, an unrelated Texas company, holds the trademark for the term "Healix Health."
In 2007, Murphy, acting on behalf of Helix Health, filed an application for the trademark "Helix Health." Healix Infusion Therapy found out about the application, and filed a notice of opposition that it would be confusingly similar to its "Healix Health" trademark. After negotiations to resolve the dispute failed, Healix sued Murphy and Helix in federal court in Texas.
Regarding the claims against Murphy, the court dismissed the fraud claim for lack of evidence, and dismissed the trademark claim after finding that it did not have personal jurisdiction over Murphy. But it allowed the cybersquatting claim to continue. And it dismissed all the claims against Helix for lack of personal jurisdiction.
Links and Court Documents:
http://blog.ericgoldman.org/archives/2008/05/connecticut_blo.htm
http://www.thelen.com/tlu/HealixInfusionTherapyVHelixHealth.pdf
Status: Fraud and trademark claims dismissed; cybersquatting claim remains
Blogger Steven Murphy is a medical doctor in Connecticut whose blog, the Gene Sherpa (thegenesherpa.blogspot.com), discusses "personalized medicine," medical care customized to a patient's genetic and environmental background. The blog links to and often discusses Helix Health, a company that provides referrals to physicians who practice personalized medicine, and includes its logo.
Healix Infusion Therapy, an unrelated Texas company, holds the trademark for the term "Healix Health."
In 2007, Murphy, acting on behalf of Helix Health, filed an application for the trademark "Helix Health." Healix Infusion Therapy found out about the application, and filed a notice of opposition that it would be confusingly similar to its "Healix Health" trademark. After negotiations to resolve the dispute failed, Healix sued Murphy and Helix in federal court in Texas.
Regarding the claims against Murphy, the court dismissed the fraud claim for lack of evidence, and dismissed the trademark claim after finding that it did not have personal jurisdiction over Murphy. But it allowed the cybersquatting claim to continue. And it dismissed all the claims against Helix for lack of personal jurisdiction.
Links and Court Documents:
http://blog.ericgoldman.org/archives/2008/05/connecticut_blo.htm
http://www.thelen.com/tlu/HealixInfusionTherapyVHelixHealth.pdf
Arthur v. Stern, Civil No. 07-03742 (S.D. Tex. filed Nov. 5, 2007).
Status: Plaintiff’s attempt to add blogger defendants denied.
Besides her state suit, Virgie Arthur also sued Howard K. Stern over statements in an Entertainment Tonight interview. After the suit was filed, Arthur tried to add several bloggers who wrote about the interview as defendants. The judge denied the motion.
Links and Court Documents:
http://www.chron.com/disp/story.mpl/metropolitan/5860909.html
Status: Plaintiff’s attempt to add blogger defendants denied.
Besides her state suit, Virgie Arthur also sued Howard K. Stern over statements in an Entertainment Tonight interview. After the suit was filed, Arthur tried to add several bloggers who wrote about the interview as defendants. The judge denied the motion.
Links and Court Documents:
http://www.chron.com/disp/story.mpl/metropolitan/5860909.html
Duer v. Henderson, No. ____ (Ohio C.P., Miami County default verdict April 13, 2009).
Status: $129,794 default verdict for plaintiff
Melissa Duer, owner of the historic Staley Mill northeast of Dayton, Ohio, sued over statements in the book "Weird Ohio" and the Forgotten Ohio website (http://www.forgottenoh.com/) that the mill was haunted. In her suit, Duer said that the claims had put her and her family in a false light and intentionally caused them emotional distress. Duer also claimed that the statements led to people trespassing on the property, requiring her to get a guard dog and hire private security. The court dismissed the claims over the book, which Duer said she would appeal. But the owner of the website, Andrew Henderson, did not appear and a default judgment was entered. In addition to the award, which included expenses Duer alleged for security, alleged diminished value of the property, and attorney fees and litigation costs, the court also ordered Henderson to remove references to the mill from his site, and barred him from posting such references on any other website.
On Dec. 23, an appellate court in Ohio found that the trial court correctly found that no genuine issue of material fact existed as to Duer's claim for trespass to land. 2009 WL 4985475.
Links and Court Documents:
http://www.daytondailynews.com/n/content/oh/story/news/local/2009/03/19/ddn031909hauntedsuitweb.html
http://www.daytondailynews.com/news/dayton-news/website-ordered-to-pay-125000-over-haunted-mill-claim-83396.html
http://www.themoneytimes.com/20090417/woman-wins-haunted-mill-lawsuit-id-1064179.html
Status: $129,794 default verdict for plaintiff
Melissa Duer, owner of the historic Staley Mill northeast of Dayton, Ohio, sued over statements in the book "Weird Ohio" and the Forgotten Ohio website (http://www.forgottenoh.com/) that the mill was haunted. In her suit, Duer said that the claims had put her and her family in a false light and intentionally caused them emotional distress. Duer also claimed that the statements led to people trespassing on the property, requiring her to get a guard dog and hire private security. The court dismissed the claims over the book, which Duer said she would appeal. But the owner of the website, Andrew Henderson, did not appear and a default judgment was entered. In addition to the award, which included expenses Duer alleged for security, alleged diminished value of the property, and attorney fees and litigation costs, the court also ordered Henderson to remove references to the mill from his site, and barred him from posting such references on any other website.
On Dec. 23, an appellate court in Ohio found that the trial court correctly found that no genuine issue of material fact existed as to Duer's claim for trespass to land. 2009 WL 4985475.
Links and Court Documents:
http://www.daytondailynews.com/n/content/oh/story/news/local/2009/03/19/ddn031909hauntedsuitweb.html
http://www.daytondailynews.com/news/dayton-news/website-ordered-to-pay-125000-over-haunted-mill-claim-83396.html
http://www.themoneytimes.com/20090417/woman-wins-haunted-mill-lawsuit-id-1064179.html
Baltimore Sun v. Jeff Quinton (cease and desist letter April 15, 2009).
Status: Pending.
On April 15, 2009, The Baltimore Sun issued a cease and desist order to blogger Jeff Quinton on the issue of copyright infringement. The newspaper, owned by the Tribune Company, stated that "copying anything more than a headline or a paragraph from [a published news article] plainly constitutes copyright infringement." Quinton had previously admitted to the possibility that he was overstepping the borders of the Fair Use Doctrine. The letter was triggered by a post on Quinton's "Inside Charm City" blog (insidecharmcity.com) which excerpted five sentences from a Sun article, including a link to the original article but no additional disclaimer.
Links and Court Documents:
Infringing Blog Post: http://insidecharmcity.com/2009/04/14/nail-salon-accident-results-in-2nd-degree-burns-over-40-of-victims-body/
http://blog.wired.com/business/2009/04/the-sun-to-balt.html
Status: Pending.
On April 15, 2009, The Baltimore Sun issued a cease and desist order to blogger Jeff Quinton on the issue of copyright infringement. The newspaper, owned by the Tribune Company, stated that "copying anything more than a headline or a paragraph from [a published news article] plainly constitutes copyright infringement." Quinton had previously admitted to the possibility that he was overstepping the borders of the Fair Use Doctrine. The letter was triggered by a post on Quinton's "Inside Charm City" blog (insidecharmcity.com) which excerpted five sentences from a Sun article, including a link to the original article but no additional disclaimer.
Links and Court Documents:
Infringing Blog Post: http://insidecharmcity.com/2009/04/14/nail-salon-accident-results-in-2nd-degree-burns-over-40-of-victims-body/
http://blog.wired.com/business/2009/04/the-sun-to-balt.html
Lennar Corp. v. Morgan, No. _____ (Fla. Cir. Ct. )
Lennar Corp. v. Morgan, No. _____ (N.D. Fla. ____)
Status: Settled.
Home builder Lennar Corp. sued blogger Michael Morgan over a blog he established, www.defectivehomes.us, alleging that Lennar's homes were defective. He then registered several other domains to point to the site, including www.lennarhomes.info; www.lennarhome.info; www.lennar-homes.info; www.lennar-home.info; www.lenarhome.info; www.lenarhomes.info; and www.lenarhomes.com.
Lennar sued in Florida state court in June 2006, alleging that the sits and its metatages violated Lennar's trademarks. In April 2007, it brough similar claims in a separate suit in federal court.
Considering Lennar's motion for an injunction against Morgan, a federal magistrate determined that Morgan had infringed Lennar's trademarks. But before the federal district judge overseeing the case could rule, the parties reached a settlement that included dismissal of the state and federal lawsuits.
Links and Court Doucments:
http://www.citmedialaw.org/threats/lennar-pacific-v-morgan
http://www.tcpalm.com/news/2007/sep/12/lennar-stuart-real-estate-broker-settle-suit-out-c/
Lennar Corp. v. Morgan, No. _____ (N.D. Fla. ____)
Status: Settled.
Home builder Lennar Corp. sued blogger Michael Morgan over a blog he established, www.defectivehomes.us, alleging that Lennar's homes were defective. He then registered several other domains to point to the site, including www.lennarhomes.info; www.lennarhome.info; www.lennar-homes.info; www.lennar-home.info; www.lenarhome.info; www.lenarhomes.info; and www.lenarhomes.com.
Lennar sued in Florida state court in June 2006, alleging that the sits and its metatages violated Lennar's trademarks. In April 2007, it brough similar claims in a separate suit in federal court.
Considering Lennar's motion for an injunction against Morgan, a federal magistrate determined that Morgan had infringed Lennar's trademarks. But before the federal district judge overseeing the case could rule, the parties reached a settlement that included dismissal of the state and federal lawsuits.
Links and Court Doucments:
http://www.citmedialaw.org/threats/lennar-pacific-v-morgan
http://www.tcpalm.com/news/2007/sep/12/lennar-stuart-real-estate-broker-settle-suit-out-c/
Morgan v. Goldman Sachs & Co., No. 09-14110 (S.D. Fla. filed April 13, 2009).
Status: Settled.
On March 26, 2009, investment advisor (and law school graduate) Michael Morgan began the www.goldmansachs666.com blog (also accessible at www.goldmansachs13.com) as "an open forum for facts and discussion about what part Goldman Sachs and their executives played in the current Global Economic Crisis." On April 8, the company sent Morgan a letter claiming that he was violating its trademark and demanding that he stop using the domains. Five days later Morgan sued, seeking a declaratory judgment that his use of the domains did not violated the Goldman Sachs trademark. In July 2009, the parties settled with an agreement that Morgan would put a disclaimer on his sites.
Links and Court Documents:
http://www.goldmansachs666.com/2009/04/goldman-sachs-v-mike-morgan.html
http://www.telegraph.co.uk/finance/newsbysector/banksandfinance/5137489/Goldman-Sachs-hires-law-firm-to-shut-bloggers-site.html
http://www.huffingtonpost.com/2009/04/14/mike-morgan-florida-blogg_n_186549.html
http://amlawdaily.typepad.com/amlawdaily/2009/04/gripe-site-blogger-bites-back-at-goldman-sachs.html
http://www.dailyfinance.com/2009/04/23/media-world-short-seller-not-unloading-anti-goldman-site/
http://www.law.com/jsp/article.jsp?id=1202432304181&Goldman_Sachs_Backs_Down_in_Legal_Battle_With_Blogger
Complaint: http://www.morganfl.org/assets/mikesblog/GoldmanSachs666_Complaint.PDF
Stipulation and dismissal: http://amlawdaily.typepad.com/files/stipulation-and-dismissal.pdf
Status: Settled.
On March 26, 2009, investment advisor (and law school graduate) Michael Morgan began the www.goldmansachs666.com blog (also accessible at www.goldmansachs13.com) as "an open forum for facts and discussion about what part Goldman Sachs and their executives played in the current Global Economic Crisis." On April 8, the company sent Morgan a letter claiming that he was violating its trademark and demanding that he stop using the domains. Five days later Morgan sued, seeking a declaratory judgment that his use of the domains did not violated the Goldman Sachs trademark. In July 2009, the parties settled with an agreement that Morgan would put a disclaimer on his sites.
Links and Court Documents:
http://www.goldmansachs666.com/2009/04/goldman-sachs-v-mike-morgan.html
http://www.telegraph.co.uk/finance/newsbysector/banksandfinance/5137489/Goldman-Sachs-hires-law-firm-to-shut-bloggers-site.html
http://www.huffingtonpost.com/2009/04/14/mike-morgan-florida-blogg_n_186549.html
http://amlawdaily.typepad.com/amlawdaily/2009/04/gripe-site-blogger-bites-back-at-goldman-sachs.html
http://www.dailyfinance.com/2009/04/23/media-world-short-seller-not-unloading-anti-goldman-site/
http://www.law.com/jsp/article.jsp?id=1202432304181&Goldman_Sachs_Backs_Down_in_Legal_Battle_With_Blogger
Complaint: http://www.morganfl.org/assets/mikesblog/GoldmanSachs666_Complaint.PDF
Stipulation and dismissal: http://amlawdaily.typepad.com/files/stipulation-and-dismissal.pdf
First Baptist Church v. Doe (Fla., subpeonas)
Status: Subpeonas used to unveil anonymous blogger
In response to criticism of the church and its pastor on the "FBC Jax Watchdog" blog (fbcjaxwatchdog.blogspot.com), the First Baptist Church of Jacksonville, Fla. turned to church member Robert Hinson, a detective with the Jacksonville sheriff's office and a member of the reverend's security detail, to investigate. Hinton issued subpeonas to Google to unmask the anonymous blogger, and used the information obtained from Google to determine the blogger was church member Thomas Rich.
The sheriff's office closed the case after determining that no crimes were committed, but Hinton told church officials the identity of the blogger, and Rich was banned from the church.
Rich then filed a complaint with the sheriff's office, and said that he was looking into his legal options.
Links and Court Documents:
http://www.jacksonville.com/news/metro/2009-04-08/story/unmasked_blogger_blames_first_baptist_sheriffs_office
http://www.firstcoastnews.com/news/local/news-article.aspx?storyid=135628&catid=3
http://www.jacksonville.com/news/metro/2009-04-12/story/fbc_blogger_feels_privacy_was_violated
Status: Subpeonas used to unveil anonymous blogger
In response to criticism of the church and its pastor on the "FBC Jax Watchdog" blog (fbcjaxwatchdog.blogspot.com), the First Baptist Church of Jacksonville, Fla. turned to church member Robert Hinson, a detective with the Jacksonville sheriff's office and a member of the reverend's security detail, to investigate. Hinton issued subpeonas to Google to unmask the anonymous blogger, and used the information obtained from Google to determine the blogger was church member Thomas Rich.
The sheriff's office closed the case after determining that no crimes were committed, but Hinton told church officials the identity of the blogger, and Rich was banned from the church.
Rich then filed a complaint with the sheriff's office, and said that he was looking into his legal options.
Links and Court Documents:
http://www.jacksonville.com/news/metro/2009-04-08/story/unmasked_blogger_blames_first_baptist_sheriffs_office
http://www.firstcoastnews.com/news/local/news-article.aspx?storyid=135628&catid=3
http://www.jacksonville.com/news/metro/2009-04-12/story/fbc_blogger_feels_privacy_was_violated
Brandon v. Wizeman, No. 2008CP2602845 (S.C. Cir. Ct. default bench verdict Jan. 20, 2009).
Status: Settled (appeal of $1.8 million award to plaintiff after default judgment dismissed).
Defendant Donald Wizeman operates the Myrtle Beach Insider blog (myrtlebeachinsider.blogspot.com), which comments on local news and politics. In June 2007, a post on the blog referred to Scott Brandon, the head of a local advertising agency, as a “failed lawyer” and criticized one of his firm’s advertising campaigns. Circuit Court Judge Diane S. Goodstein entered summary judgment on liability against Wizeman after he did not appear at a Sept. 2008 hearing. Wizeman sought to have the ruling vacated in December, claiming that he had not received notice of the hearing; Goodstein refused, and Wizeman has appealed. Meanwhile, a special referee appointed by Goodstein awarded Brandon $800,000 in compensatory damages and $1.0 million in punitives.
Wizeman appealed, but before the appeal was heard the parties reached a settlement.
Links and Court Documents:
http://www.citmedialaw.org/threats/brandon-v-wizeman
http://www.thesunnews.com/business/story/856883.html
Status: Settled (appeal of $1.8 million award to plaintiff after default judgment dismissed).
Defendant Donald Wizeman operates the Myrtle Beach Insider blog (myrtlebeachinsider.blogspot.com), which comments on local news and politics. In June 2007, a post on the blog referred to Scott Brandon, the head of a local advertising agency, as a “failed lawyer” and criticized one of his firm’s advertising campaigns. Circuit Court Judge Diane S. Goodstein entered summary judgment on liability against Wizeman after he did not appear at a Sept. 2008 hearing. Wizeman sought to have the ruling vacated in December, claiming that he had not received notice of the hearing; Goodstein refused, and Wizeman has appealed. Meanwhile, a special referee appointed by Goodstein awarded Brandon $800,000 in compensatory damages and $1.0 million in punitives.
Wizeman appealed, but before the appeal was heard the parties reached a settlement.
Links and Court Documents:
http://www.citmedialaw.org/threats/brandon-v-wizeman
http://www.thesunnews.com/business/story/856883.html
Essent PRMC, L. P. v. John Does 1-10, No. 76357 (Tex. Dist. Ct., 62nd Dist. (Lamar County) filed June 19, 2007).
Status: Pending; request to identify anonymous blogger re-filed
The corporate owner of the Paris Regional Medical Center in Paris, Tex. sued the blogger who goes by the alias Frank Pasquale and “fac_p,” and posts to a blog named “the-paris-site” (the-paris-site.blogspot.com), alleging defamation and violations of patient privacy provisions of the Health Insurance Portability and Accountability Act (HIPPA). Posts on the blog accused the hospital of various improprieties, including Medicare fraud. As part of the suit, the hospital subpoenaed the blog owners’ Internet service provider to reveal the blogger’s name. The trial court granted that request, but an appeals court held that Essent must meet a higher standard of proof before it could discover the blogger’s identity. In Re Does 1-10, 242 S.W.3d 805 (Tex. App.-Texarkana Dec. 12, 2007). The result is that Essent was permitted to renew its request after it obtains more.information; the motion is still pending.
Links and Court Documents:
Docket: http://68.89.102.225/Scripts/UVlink.isa/lamar/WEBSERV/CivilSearch?action%253Dview%26track%253D65369
Appellate decision denying disclosure: http://www.6thcoa.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=9055
http://www.cyberslapp.org/cases/page.cfm?pageID=76
http://www.chron.com/disp/story.mpl/metropolitan/5377838.html
http://www.theparisnews.com/story.lasso?ewcd=682838f39bee1784
http://www.theparisnews.com/story.lasso?ewcd=07f53629d08b1219
http://www.theparisnews.com/story.lasso?ewcd=acbc503b3da6c582
http://www.statesman.com/news/content/news/stories/local/09/21/0921blogsuit.html?cxtype=rss&cxsvc=7&cxcat=52
http://chron.com/disp/story.mpl/metropolitan/5149745.html
http://theparisnews.com/story.lasso?ewcd=4f11e481650ad4cd
Status: Pending; request to identify anonymous blogger re-filed
The corporate owner of the Paris Regional Medical Center in Paris, Tex. sued the blogger who goes by the alias Frank Pasquale and “fac_p,” and posts to a blog named “the-paris-site” (the-paris-site.blogspot.com), alleging defamation and violations of patient privacy provisions of the Health Insurance Portability and Accountability Act (HIPPA). Posts on the blog accused the hospital of various improprieties, including Medicare fraud. As part of the suit, the hospital subpoenaed the blog owners’ Internet service provider to reveal the blogger’s name. The trial court granted that request, but an appeals court held that Essent must meet a higher standard of proof before it could discover the blogger’s identity. In Re Does 1-10, 242 S.W.3d 805 (Tex. App.-Texarkana Dec. 12, 2007). The result is that Essent was permitted to renew its request after it obtains more.information; the motion is still pending.
Links and Court Documents:
Docket: http://68.89.102.225/Scripts/UVlink.isa/lamar/WEBSERV/CivilSearch?action%253Dview%26track%253D65369
Appellate decision denying disclosure: http://www.6thcoa.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=9055
http://www.cyberslapp.org/cases/page.cfm?pageID=76
http://www.chron.com/disp/story.mpl/metropolitan/5377838.html
http://www.theparisnews.com/story.lasso?ewcd=682838f39bee1784
http://www.theparisnews.com/story.lasso?ewcd=07f53629d08b1219
http://www.theparisnews.com/story.lasso?ewcd=acbc503b3da6c582
http://www.statesman.com/news/content/news/stories/local/09/21/0921blogsuit.html?cxtype=rss&cxsvc=7&cxcat=52
http://chron.com/disp/story.mpl/metropolitan/5149745.html
http://theparisnews.com/story.lasso?ewcd=4f11e481650ad4cd
Denner v. Gillenwater, No. 05-5469 (
Status: Temporary restraining order issued (Oct. 10, 2008).
Derrick Gillenwater sued lawyers Jeffrey Denner and Kevin Barron for malpractice, and began blogging about the case at his blog (jeffreydenner.blogspot.com, now defunct). The attorneys then sought a temporary restraining order against Gillenwater’s blogging, which the court granted on Oct. 10, 2008. Gillenwater continued to post to the blog, and on Oct. 21 another judge held that he had violated the restraining order by continuing to publish the blog, replacing the name “Jeffrey Denner" with "Geoffrey Dinnir." Meanwhile, another blog – the “Jeffrey Denner's ineffective assistance of counsel” blog (dennerlaw.blogspot.com) – appeared. Denner sent a copy of the court order to Google, which shut down the blog on Dec. 1. But the site was restored after the pseudonymous blogger behind the site, "Boston Bob," told Google that he was not Gillenwater.
Links and Court Documents:
Case information: http://www.citmedialaw.org/threats/denner-v-gillenwater
Restraining order: http://www.keepandshare.com/doc/view.php?id=943151&da=
http://www.citmedialaw.org/blog/2008/mystery-blogger-caught-first-amendment-flap
Odelson v. Doe, No. 2007-L-008807 (Ill. Cook County filed Aug. 21, 2007).
Status: Pending
Attorneys Burton Odelson and Mark Sterk sued over statements in the anonymous Proviso Insider blog (provisoinsider.blogspot.com; no archive before 2008) that they were going to be indicted for advising a local school board member on how to lie to a grand jury. Although originally filed against a John Doe defendant, the plaintiffs amended the suit to claim that the statements were written by District 209 School Board President Emanuel "Chris" Welch. While Welch says that he contributes to the blog, he denies writing the statements at issue in the suit. On June 26, 2008, Welch filed his own suit against Odelson and Sterk, as well as his former employer, alleging that they conspired to fire him after removing Odelson and Sterk’s law firm as counsel to the school board.
Links and Court Documents:
Docket: https://w3.courtlink.lexisnexis.com/cookcounty/Finddock.asp?DocketKey=CAAH0L0AAIIAH0LD
http://www.prairiestateblue.com/showDiary.do?diaryId=3382
http://forestparkreview.com/main.asp?SectionID=3&SubSectionID=3&ArticleID=2849&TM=76073.96
http://www.chicagotribune.com/news/local/chi-proviso-legal-fees_24jun24,0,1234016.story
http://forestparkreview.com/main.asp?SectionID=1&SubSectionID=38&ArticleID=3304&TM=29435.78
http://provisoinsider.blogspot.com/2008/06/proviso-board-president-chris-welch_26.html
Status: Pending
Attorneys Burton Odelson and Mark Sterk sued over statements in the anonymous Proviso Insider blog (provisoinsider.blogspot.com; no archive before 2008) that they were going to be indicted for advising a local school board member on how to lie to a grand jury. Although originally filed against a John Doe defendant, the plaintiffs amended the suit to claim that the statements were written by District 209 School Board President Emanuel "Chris" Welch. While Welch says that he contributes to the blog, he denies writing the statements at issue in the suit. On June 26, 2008, Welch filed his own suit against Odelson and Sterk, as well as his former employer, alleging that they conspired to fire him after removing Odelson and Sterk’s law firm as counsel to the school board.
Links and Court Documents:
Docket: https://w3.courtlink.lexisnexis.com/cookcounty/Finddock.asp?DocketKey=CAAH0L0AAIIAH0LD
http://www.prairiestateblue.com/showDiary.do?diaryId=3382
http://forestparkreview.com/main.asp?SectionID=3&SubSectionID=3&ArticleID=2849&TM=76073.96
http://www.chicagotribune.com/news/local/chi-proviso-legal-fees_24jun24,0,1234016.story
http://forestparkreview.com/main.asp?SectionID=1&SubSectionID=38&ArticleID=3304&TM=29435.78
http://provisoinsider.blogspot.com/2008/06/proviso-board-president-chris-welch_26.html
Matteo v. Rubin, No. 07-CV-2536 (N.D. Ill.
Status: Settled
In 2006, Melanie Rubin hired Steven Matteo to photograph her wedding. After the event, Matteo gave Rubin unedited copies of all 1,500 digital pictures that he took. Howard Rubin, the father of the bride, then contacted Matteo with complaints about the quality of the photographs. Matteo attempted to contact Melanie Rubin about the complaints, but he never received a response. In January 2007, Howard Rubin began creating various websites, entitled “Why Not to Hire an Inept Photographer,” which showed several of the wedding photographs and criticized Matteo’s work. Matteo sued for copyright infringement, defamation, false light invasion of privacy, interference with prospective business advantage. On Dec. 3, 2007, the court denied Rubin’s motion to dismiss these claims. (Matteo v. Rubin, 2007 WL 4294734 (N.D.Ill. Dec. 3, 2007). On April 8, the suit was dismissed pursuant to a settlement.
Links and Court Documents:
http://dockets.justia.com/docket/court-ilndce/case_no-1:2007cv02536/case_id-208708/
Status: Settled
In 2006, Melanie Rubin hired Steven Matteo to photograph her wedding. After the event, Matteo gave Rubin unedited copies of all 1,500 digital pictures that he took. Howard Rubin, the father of the bride, then contacted Matteo with complaints about the quality of the photographs. Matteo attempted to contact Melanie Rubin about the complaints, but he never received a response. In January 2007, Howard Rubin began creating various websites, entitled “Why Not to Hire an Inept Photographer,” which showed several of the wedding photographs and criticized Matteo’s work. Matteo sued for copyright infringement, defamation, false light invasion of privacy, interference with prospective business advantage. On Dec. 3, 2007, the court denied Rubin’s motion to dismiss these claims. (Matteo v. Rubin, 2007 WL 4294734 (N.D.Ill. Dec. 3, 2007). On April 8, the suit was dismissed pursuant to a settlement.
Links and Court Documents:
http://dockets.justia.com/docket/court-ilndce/case_no-1:2007cv02536/case_id-208708/
Fix Wilson Yard et al. v. City of Chicago et al., No. 08 CH 45023 (Ill.
Status: Pending.
In connection with a lawsuit filed by a community group in opposition to a redevelopment plan for the Wilson Yard area of Chicago, the developer subpoenaed Google for information regarding two anonymous Chicago-based blogs (www.uptownupdate.com; www.whatthehelen.com), and two additional websites operated by the neighborhood block club (www.buenaparkneighbors.org and www.uncchicago.org). The subpoenas ask for all documents pertaining to the six Uptown residents named as plaintiffs in the original lawsuit. In addition, the neighborhood organizations were asked to turn over all posts, in any form, relating to the Wilson Yard development.
Links and Court Documents:
http://www.citmedialaw.org/threats/holsten-v-uptown-update-and-what-helen
Docket: https://w3.courtlink.lexisnexis.com/cookcounty/FindDock.asp?NCase=2008-CH-45023&SearchType=0&Database=3&case_no=&=&=&=&PLtype=1&sname=&CDate=
Status: Pending.
In connection with a lawsuit filed by a community group in opposition to a redevelopment plan for the Wilson Yard area of Chicago, the developer subpoenaed Google for information regarding two anonymous Chicago-based blogs (www.uptownupdate.com; www.whatthehelen.com), and two additional websites operated by the neighborhood block club (www.buenaparkneighbors.org and www.uncchicago.org). The subpoenas ask for all documents pertaining to the six Uptown residents named as plaintiffs in the original lawsuit. In addition, the neighborhood organizations were asked to turn over all posts, in any form, relating to the Wilson Yard development.
Links and Court Documents:
http://www.citmedialaw.org/threats/holsten-v-uptown-update-and-what-helen
Docket: https://w3.courtlink.lexisnexis.com/cookcounty/FindDock.asp?NCase=2008-CH-45023&SearchType=0&Database=3&case_no=&=&=&=&PLtype=1&sname=&CDate=
Jaeger v. Okon, No. 07-L-004940 (Ill Cir. Ct., Cook Co. filed May 11, 2007).
Status: Confidential monetary settlement
In response to frustration with a development project managed by plaintiff James Jaeger and his development company, defendants Joy and Tom Okon published several critical blog posts on the North Center Neighbors blog, northcenterneighbors.blogspot.com. Jaeger brought suit for defamation based on these posts, as well as e-mails, which alleged corrupt business dealings. The case was settled, on undisclosed terms, outside of court while a motion to dismiss under theIllinois
Links and Court Documents:
http://www.citmedialaw.org/threats/jaeger-v-okon
http://chicagojournal.com/main.asp?SectionID=48&SubSectionID=141&ArticleID=4724&TM=39096.86
Status: Confidential monetary settlement
In response to frustration with a development project managed by plaintiff James Jaeger and his development company, defendants Joy and Tom Okon published several critical blog posts on the North Center Neighbors blog, northcenterneighbors.blogspot.com. Jaeger brought suit for defamation based on these posts, as well as e-mails, which alleged corrupt business dealings. The case was settled, on undisclosed terms, outside of court while a motion to dismiss under the
Links and Court Documents:
http://www.citmedialaw.org/threats/jaeger-v-okon
http://chicagojournal.com/main.asp?SectionID=48&SubSectionID=141&ArticleID=4724&TM=39096.86
Eastwood v. Goodman, No. ______ (Ill. Cir. Ct. Kane County
Status: Unknown
The owners of a court reporting company sued a woman who had worked as a court reporter for the company, after she began a blog titled “Let’s Stop Eastwood-Stein,” (stopeastwood-stein.blogspot.com) stating that she was never paid, and soliciting similar stories from others. The fate of the case is unknown, but the blog has been removed.
Links and Court Documents:
http://www.citmedialaw.org/threats/bescr-v-goodman
http://www.dailyherald.com/story/?id=79395&src=5
Status: Unknown
The owners of a court reporting company sued a woman who had worked as a court reporter for the company, after she began a blog titled “Let’s Stop Eastwood-Stein,” (stopeastwood-stein.blogspot.com) stating that she was never paid, and soliciting similar stories from others. The fate of the case is unknown, but the blog has been removed.
Links and Court Documents:
http://www.citmedialaw.org/threats/bescr-v-goodman
http://www.dailyherald.com/story/?id=79395&src=5
Dominick v. MySpace, No. 2008L005191 (Ill. Cir. Ct., Cook Co. filed May 12, 2008)
Status: Dropped by plaintiff.
Larry Dominick, town president of Cicero, Ill., filed a petition seeking an order requiring MySpace to reveal the author of two fake profiles of him, which he alleges included defamatory comments and privacy violations. He dropped the case after the Electronic Frontier Foundation submitted an amicus brief in the case, arguing that the petition did not demonstrate a viable legal claim sufficient to overcome the poster’s First Amendment right to anonymity.
Links and Court Documents:
http://www.eff.org/press/archives/2008/06/13
Case information and documents: http://www.eff.org/cases/dominick-v-my-space
Status: Dropped by plaintiff.
Larry Dominick, town president of Cicero, Ill., filed a petition seeking an order requiring MySpace to reveal the author of two fake profiles of him, which he alleges included defamatory comments and privacy violations. He dropped the case after the Electronic Frontier Foundation submitted an amicus brief in the case, arguing that the petition did not demonstrate a viable legal claim sufficient to overcome the poster’s First Amendment right to anonymity.
Links and Court Documents:
http://www.eff.org/press/archives/2008/06/13
Case information and documents: http://www.eff.org/cases/dominick-v-my-space
Doe v. Fortuny, No. 08-CV-1050 (N.D. Ill.
Status: Default for plaintiff (entered Nov. 12, 2008); damages hearing pending.
In August, 2008 Jason Fortuny posted a fake advertisement on website craigslist.com, posing as a women seeking a brutal and dominant male sexual partner. The anonymous plaintiff was one of over 100 men who allegedly responded to the ad. Plaintiff sought $75,000 in damages and an injunction for copyright infringement and invasion of privacy, claiming that Fortuny had published the photos and contact information of those who responded to the ad on the website www.encyclopediadramatica.com, as well as to his personal blog, rfjason.com. The court granted the plaintiff a default verdict after the defendant did not respond to motions in a timely manner; a damages hearing is pending.
Links and Court Documents:
http://www.citmedialaw.org/threats/doe-v-fortuny
Status: Default for plaintiff (entered Nov. 12, 2008); damages hearing pending.
In August, 2008 Jason Fortuny posted a fake advertisement on website craigslist.com, posing as a women seeking a brutal and dominant male sexual partner. The anonymous plaintiff was one of over 100 men who allegedly responded to the ad. Plaintiff sought $75,000 in damages and an injunction for copyright infringement and invasion of privacy, claiming that Fortuny had published the photos and contact information of those who responded to the ad on the website www.encyclopediadramatica.com, as well as to his personal blog, rfjason.com. The court granted the plaintiff a default verdict after the defendant did not respond to motions in a timely manner; a damages hearing is pending.
Links and Court Documents:
http://www.citmedialaw.org/threats/doe-v-fortuny
In re Subpoena Issued Pursuant to The Digital Millennium Copyright Action To: 43SB.Com, LLC, No. MS-07-6236, 2007 WL 4335441 (D. Idaho
Status: Subpeona for information to reveal anonymous bloggers quashed in part
In a posting on the 43rd State Blues / Democrats for Idaho blog (www.43rdstateblues.com), an anonymous blogger with the pseudonym “Tom Paine,” posted comments reporting the “unverified” “rumor” that court documents showed “a deliberate series of payoffs for questionable expenses & honoraria to US Senator Larry Craig” by Melaleuca, Inc.
Melaleuca sent a letter to the website’s administrator demanding that the posting be removed. The original posting was removed, but the demand letter itself was posted on the site by someone with the pseudonym “d2.”
Melaleuca then sent a letter to the host of the website, seeking removal of the letter. The letter cited the Digital Millennium Copyright Act of 1998 (“DMCA”), which allows copyright holders to demand that website hosts removed copyrighted material posted by users to a website. Melaleuca also sought the identity of “Tom Paine.”
On June 7, 2007, Melaleuca sent a pre-litigation subpoena to counsel for the website owner, demanding the production of all server logs and other information that could be used to identify “Tom Paine” and “d2.” 43SB filed a motion to quash the subpoena with the federal district court., which partially denied the motion to quash as to “sb”, thus requiring 43SB to reveal the information that could be used to identify “sb” (who had posted the takedown demand letter). But the court also partially granted the motion in regards to information regarding “Tom Paine,” since that person’s posting – the original rumors – were not subject to the DMCA takedown provisions.
Links and Court Documents:
http://www.citmedialaw.org/blog/2007/court-rejects-bid-use-dmca-bypass-first-amendment-protection-anonymous-speech
http://blog.ericgoldman.org/archives/2007/12/takedown_letter.htm
http://www.addict3d.org/news/265332/Copyright,%20Defamation,%20Bloggers,%20DMCA,%20Safe%20Harbors,%20Cease-And-Desists%20And%20Anonymity...%20Oh%20My!
District Court opinion partially granting motion to quash subpoena: http://www.citmedialaw.org/sites/citmedialaw.org/files/2007-11-16-Report%20and%20Recommendation%20of%20Magistrate%20Judge%20--%20District%20of%20Idaho.pdf
Status: Subpeona for information to reveal anonymous bloggers quashed in part
In a posting on the 43rd State Blues / Democrats for Idaho blog (www.43rdstateblues.com), an anonymous blogger with the pseudonym “Tom Paine,” posted comments reporting the “unverified” “rumor” that court documents showed “a deliberate series of payoffs for questionable expenses & honoraria to US Senator Larry Craig” by Melaleuca, Inc.
Melaleuca sent a letter to the website’s administrator demanding that the posting be removed. The original posting was removed, but the demand letter itself was posted on the site by someone with the pseudonym “d2.”
Melaleuca then sent a letter to the host of the website, seeking removal of the letter. The letter cited the Digital Millennium Copyright Act of 1998 (“DMCA”), which allows copyright holders to demand that website hosts removed copyrighted material posted by users to a website. Melaleuca also sought the identity of “Tom Paine.”
On June 7, 2007, Melaleuca sent a pre-litigation subpoena to counsel for the website owner, demanding the production of all server logs and other information that could be used to identify “Tom Paine” and “d2.” 43SB filed a motion to quash the subpoena with the federal district court., which partially denied the motion to quash as to “sb”, thus requiring 43SB to reveal the information that could be used to identify “sb” (who had posted the takedown demand letter). But the court also partially granted the motion in regards to information regarding “Tom Paine,” since that person’s posting – the original rumors – were not subject to the DMCA takedown provisions.
Links and Court Documents:
http://www.citmedialaw.org/blog/2007/court-rejects-bid-use-dmca-bypass-first-amendment-protection-anonymous-speech
http://blog.ericgoldman.org/archives/2007/12/takedown_letter.htm
http://www.addict3d.org/news/265332/Copyright,%20Defamation,%20Bloggers,%20DMCA,%20Safe%20Harbors,%20Cease-And-Desists%20And%20Anonymity...%20Oh%20My!
District Court opinion partially granting motion to quash subpoena: http://www.citmedialaw.org/sites/citmedialaw.org/files/2007-11-16-Report%20and%20Recommendation%20of%20Magistrate%20Judge%20--%20District%20of%20Idaho.pdf
Smith v. Wal-Mart Stores, Inc., Civil No. 06-526 (N.D.
Status: Summary judgment granted to plaintiff, 537 F.Supp.2d 1302 (March 21, 2008).
After Wal-Mart threatened to sue Charles Smith over his use of Wal-Mart’s name, logos and similar-looking logos on his web sites criticizing the company, (www.walocaust.com and www.walqaeda.com), Smith filed suit, seeking a declaratory judgment that his uses did not violate Wal-Mart’s copyrights. Both parties moved for summary judgment, and Wal-Mart sought transfer of the URLs to its control. The court granted summary judgment to Smith, and denied Wal-Mart’s motion, holding that Smith’s use of Wal-Mart’s trademarks were parodies, protected under the “fair use” copyright doctrine, and would not lead to confusion.
Links and Court Documents:
http://insidebusiness.freedomblogging.com/2008/03/21/wal-mart-as-bad-as-al-qaida/
http://www.law.com/jsp/article.jsp?id=1206441810175
http://www.ajc.com/business/content/metro/atlanta/stories/2008/03/25/walmart_0326.html
Decision granting summary judgment: http://www.citizen.org/documents/WalmartDecision.pdf
Complaint and other court documents: http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=206
Fulbright & Jaworski v. EarthLink Legal Dept., No. 07-MI-0097 (N.D. Ga.
Status: Dismissed.
In an effort pursue copyright claims against an anonymous blogger who posted several questions from the 2006 Multistate Bar Examination on the “Tab and Brandy” blog (tabandbrandy.blogspot.com; now removed), the organization that creates the exam (the National Conference of Bar Examiners) subpoenaed Google (owner of the Blogger service that hosted the blog) to obtain the blogger’s IP address. After obtaining the address, the conference’s law firm filed suit against Earthlink, identified through the IP address as the blogger’s Internet service provider, to identify the blogger. The case was dismissed the same day it was filed; it is unclear whether Eartlink provided the information.
Links and Court Documents:
http://www.citmedialaw.org/national-conference-bar-examiners-v-earthlink
http://www.law.com/jsp/article.jsp?id=1176973462175
Status: Dismissed.
In an effort pursue copyright claims against an anonymous blogger who posted several questions from the 2006 Multistate Bar Examination on the “Tab and Brandy” blog (tabandbrandy.blogspot.com; now removed), the organization that creates the exam (the National Conference of Bar Examiners) subpoenaed Google (owner of the Blogger service that hosted the blog) to obtain the blogger’s IP address. After obtaining the address, the conference’s law firm filed suit against Earthlink, identified through the IP address as the blogger’s Internet service provider, to identify the blogger. The case was dismissed the same day it was filed; it is unclear whether Eartlink provided the information.
Links and Court Documents:
http://www.citmedialaw.org/national-conference-bar-examiners-v-earthlink
http://www.law.com/jsp/article.jsp?id=1176973462175
Fisher & Phillips, LLP v. Doe, Civil No. 05-01719 (N.D. Ga.
Status: Dismissed
Atlanta-based employment law firm Fisher & Phillips LLP sued five "John Does," claiming they published "false and malicious communications" about the firm on the Internet. (The complaint did not identify the web sites at issue.) The firm agreed to dismissal of the case after the court cited it for failure to effectuate service of process.
Links and Court Documents:
http://www.bizjournals.com/atlanta/stories/2005/07/18/newscolumn2.html?from_rss=1
Status: Dismissed
Atlanta-based employment law firm Fisher & Phillips LLP sued five "John Does," claiming they published "false and malicious communications" about the firm on the Internet. (The complaint did not identify the web sites at issue.) The firm agreed to dismissal of the case after the court cited it for failure to effectuate service of process.
Links and Court Documents:
http://www.bizjournals.com/atlanta/stories/2005/07/18/newscolumn2.html?from_rss=1
Banks v. Milum, No. _____ (Ga. Ga.
Status: $50,000 award for plaintiff affirmed
NOTE: This is the first case against a true blogger of which MLRC is aware that has gone to trial and resulted in a liability verdict.
Attorney Rafe Banks III sued political activist David Milum for statements made on his website on local politics inForsyth County , Georgia
Status: $50,000 award for plaintiff affirmed
NOTE: This is the first case against a true blogger of which MLRC is aware that has gone to trial and resulted in a liability verdict.
Attorney Rafe Banks III sued political activist David Milum for statements made on his website on local politics in
Links and Court Documents:
http://www.citmedialaw.org/banks-v-milum
http://www.forsythnews.com/news/stories/20060129/localnews/61856.shtml
http://www.forsythnews.com/news/stories/20060129/opinion/61864.shtml
http://www.forsythnews.com/news/stories/20060125/localnews/60583.shtml
http://www.law.com/jsp/article.jsp?id=1173363835339
http://www.forsythnews.com/news/stories/20070308/localnews/160529.shtml
Appellate decision: http://www.dailyreportonline.com/Editorial/PDF/PDF%20Archive/A06A2_394.pdf
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