Grissom & Thompson v. Browning

Grissom & Thompson b. Browning (6/24/2014)

STATUS: Defamation claim filed.

Tex. Dist.: Law Firm Files Defamation Lawsuit Over Ex-Client's Yelp Review
Texas Lawyer
Grissom & Thompson alleges that Austin resident Joseph A. Browning used Yelp to publish "disparaging and blatantly false statements" about his legal representation by the firm. The Austin law firm's attorney claims the review appeared after the firm sued Browning for fees.

http://www.texaslawyer.com/id=1202662317617/Law-Firm-Files-Defamation-Lawsuit-Over-ExClients-Yelp-Review#ixzz36z6YpmgO

Petition:
http://pdfserver.amlaw.com/tx/Grissom-ThompsonVBrowning-petition.pdf

John Doe No.1 v. Burke

John Doe No.1 v. Burke (May 29, 2014)


STATUS: Appeals Court upheld Anti-SLAAP motion.


In its first decision to interpret the District of Columbia's Anti-SLAPP law, the D.C. Court of Appeals quashed a subpoena to an anonymous Wikipedia user sued for defamation.  The D.C. statute goes further than other jurisdictions in protecting anonymous speech by affording anonymous defendants the ability to file special motions to quash subpoenas for their identities. The Court first held that it had jurisdiction to hear an appeal from the trial court's denial of the motion.  On the merits of the motion, the Court held that plaintiff, an attorney, was a public figure who failed to show that edits to her Wikipedia page were made with actual malice.


Opinion:
http://www.dccourts.gov/internet/documents/13-CV-83.pdf

Palmer v. KlearGear.com

Palmer v. KlearGear.com (May 5, 2014)


D.Utah.: Judge: KlearGear Can't Collect $3,500.00 From Couple That Left Negative Online Review
Ars Technica
A federal court judge has ruled in favor of a Utah couple who criticized an online retailer.
http://arstechnica.com/tech-policy/2014/05/judge-kleargear-cant-collect-3500-from-couple-that-left-negative-online-review/


Default Judgment:
http://www.scribd.com/doc/224430518/Palmer-v-Kleargear-Default-Judgment

Kimzey v. Yelp

Kimzey v. Yelp (May 7, 2014)


STATUS: Court grants defendant's motion to dismiss.


W.D. Wash.: Yelp Wins Another Section 230 Case
Technology & Marketing Law Blog (Eric Goldman)
We don't see arguments too often any more about Section 230 implications of star ratings.
blog.ericgoldman.org/archives/2014/05/yelp-wins-another-section-230-case-kimzey-v-yelp.htm


Opinion:
http://docs.justia.com/cases/federal/district-courts/washington/wawdce/2:2013cv01734/196114/26

Vazquez v. Buhl

Conn. App.: No liability for linking to — and praising — allegedly defamatory article
Washington Post (Volokh Conspiracy)
The Connecticut court concluded that NBC was acting as a “provider … of an interactive service,” that the linked-to-article was “information provided by another information content provider [Buhl]” (even in the absence of evidence that Buhl had deliberately submitted it to NBC or Carney), and that therefore NBC couldn’t be “treated as the publisher or speaker” of such information for libel purposes.
Opinion: Vazquez v. Buhl et al.

Seldon v. Magedson

Seldon v. Magedson (April 25, 2014)


D. Ariz. Ripoff Report's Latest Section 230 Win
Technology & Marketing Law Blog (Eric Goldman)
Citing Roommates.com for the defense, the court says that screening content is immunized by Section 230.
http://blog.ericgoldman.org/archives/2014/04/ripoff-reports-latest-section-230-win-seldon-v-magedson.htm


Opinion:
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1244&context=historical

Thieriot v. Thewrap.com

STATUS: Appellate court reverses lower court ruling.


Do Online Media Get Treated Like Traditional Media  Under Libel Retraction Statutes?
Washington Post (Volokh Conspiracy)
The statutes vary from state to state; some have language that easily covers blogs and others don't.
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/04/18/do-online-media-get-treated-like-traditional-media-under-libel-retraction-statutes/


Opinion:
http://www.courts.ca.gov/opinions/nonpub/B245022.PDF

Dancing Deer v. Liles

Dancing Deer Mountain v. Liles (March 12, 2014)


STATUS: Appeals court ruled that claim will be heard.


Or.App.:  Trashing Reception Hall Online May Be Libelous
Courthouse News
A man who posted a negative review online about an Oregon wedding venue must face defamation claims, a state appeals court ruled.
http://www.courthousenews.com/2014/03/18/66254.htm


Complaint:
http://www.courthousenews.com/2014/03/18/Dancing%20Deer.pdf

NCDR v. Mauze & Bagby

NCDR V. Mauze & Bagby ( March 11, 2014)


5th.Cir.: Texas Law Firm to Face Defamation Claims
Courthouse News
A Texas law firm will face defamation claims due to its advertising being commercial speech and not protected free speech.
http://www.courthousenews.com/2014/03/17/66217.htm


Opinion:
http://www.courthousenews.com/2014/03/17/12-41243-CV0.pdf

Neuman v. Liles

Neuman v. Liles  (March 12, 2014)


STATUS: Court reverses trial court's ruling, allowing defamation claim to be heard.


Ore. App.: Online Commenter Critical of Business Can Be Sued for Defamation
The Oregonian
Thinking about posting a bad review of your latest dining experience, doctor your consulted or contractor you decided to hire?  Better think twice, if you don't want to be sued.
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2014/03/online_commenter_critical_of_b.html


Order:
http://www.publications.ojd.state.or.us/docs/A149982.pdf

Intihar v. Citizens Information Associates

Intihar v. Citizens Information Associates (3/4/14)


STATUS: Court rules that website must be given notice.


M.D. Fl.: Court Rules Mugshot Site Entitled to 5 Days Notice of Defamation Suits
A plaintiff suing a mugshot website for defamation must give at least five days notice before filing the lawsuit because the website is a media defendant, a Florida federal court has ruled. No Florida appellate court has determined whether websites qualify as media defendants, the court noted.


Order:
http://www.medialaw.org/images/medialawdaily/intihar.pdf

Choyce v. SF Bay Area Independent Media Center

Choyce v. SF Bay Independent Media Center  (12/2/2013)

STATUS: Federal Court dismisses defamation claim.

N.D.Cal.: Lawyer Can't Grill ISP Over Online Defamation
Courthouse News
A lawyer cannot pursue defamation claims against the Internet service provider behind a post that said he "embezzled from the homeless", a Federal judge ruled.
http://www.courthousenews.com/2013/12/04/63432.htm

Order:
http://www.courthousenews.com/2013/12/04/isp.pdf

Murray v. Huffington Post

Murray v. Huffington Post (October 25, 2013)

Coal Baron and Major Ken Cuccinelli Campaign Donor Sues Blogger for Defamation, Invasion of Privacy
Daily Kos
Robert Murray, owner of the Ohio based coal giant, Murray Energy Corporation, filed a lawsuit against a prominent liberal blogger and the Huffington Post.
http://www.dailykos.com/story/2013/11/03/1252774/-Coal-Baron-and-Major-Ken-Cuccinelli-Campaign-Donor-Sues-Blogger-for-Defamation-Invasion-of-Privacy#

Complaint:
http://www.scribd.com/doc/180784867/Murray-v-Huffington-Post-complaint

TRG Motor Sports v. The Media Barons

TRG Motor Sports v. The Media Barons (9/30/13)

Cal.App.: The Unbelievable Parody Site that Sparked a Race Team's Losing Lawsuit
Jalopnik
To really savor the utter ridiculousness of this tale, you have to go through the appeals' court ruling on the case, which describes in delicious detail the hilarity on the parody site.
http://jalopnik.com/the-unbelievable-parody-site-that-sparked-a-race-teams-1443533776/@tcraggs22

Opinion:
http://www.courts.ca.gov/opinions/nonpub/B244937.PDF

Gillon Music'N Celebrations v Ting

Gillon Music'N Celebrations v Ting (9/24/13)

STATUS: Federal judge rules lawsuit cannot be brought.

D.N.J.: Promoter Can't Sue Client Over Web Site
Courthouse News
A music promoter who has appeared on "The Apprentice" and "Platinum Brides" cannot sue an unhappy client over critical postings on an online consumer complaint board.
http://www.courthousenews.com/2013/09/30/61592.htm

Opinion:
 http://www.courthousenews.com/2013/09/30/Iris.pdf

Sanders v. Walsh

Sanders v. Walsh  (9/16/13)

STATUS: Appellate panel rules against online posters.

Cal.App.: Courts Crack Down on Web Posters Playing "Fast and Loose" with Facts
The Recorder
For the second time in many months, an appellate panel has ruled against posts on Yelp and similar sites.  The decisions cut against the grain of some previous appellate decisions which have held that readers expect posts on internet message boards to play fast and loose with the truth, setting a higher bar to defamation.
http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202619508102&Courts_Crack_Down_on_Web_Posters_Playing_Fast_and_Loose_With_Facts&slreturn=20130823122033

Bernath v. Tabitha

Bernath v. Tabitha (August 26, 2013)

STATUS: Yelp gets anti-SLAPP victory.

Ore.Cir.: Yelp Gets Another Victory in Anti-SLAPP Lawsuit
Technology & Marketing Law Blog
This case offers another data point on how 47 USC 230 and anti-SLAPP laws mutually reinforce each other.
http://blog.ericgoldman.org/archives/2013/09/yelp_gets_anoth.htm

Order:
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1499&context=historical

Budget Van Lines v. Better Business Bureau

Budget Van Lines v. Better Business Bureau (8/20/2013)

STATUS: Court is allowing lawsuit over comments made on online review site.

Cal. App.: C.A. Allows Suit Against Better Business Bureau Over Rating
Metropolitan News Enterprise
A company that brokers household moving services can sue the local Better Business Bureau for disparaging its service on the BBB’s website, the Court of Appeal for this district ruled yesterday.
http://www.metnews.com/articles/2013/bbb082113.htm

Order:  http://www.metnews.com/articles/2013/bbb082113.htm

Bently Reserve v. Papaliolios

Bently Reserve v. Papaliolios (July 30, 2012)

STATUS: The appellate court that there was enough evidence to warrant the case to be heard.

Cal.App.Ct.:Blasting Your Landlord Online? Pick Your Words Wisely
Technology & Marketing Law Blog (Eric Goldman)
 http://blog.ericgoldman.org/archives/2013/08/blasting_your_l.htm

Commonwealth v. Cox

Commonwealth v. Cox. (August 2, 2013)

Pa. Super: Facebook Posting that Someone Has Herpes is Criminal Harassment
Technology & Marketing Law Blog (Eric Goldman)
This is a ridiculous conviction, but due to 47 USC 230, at least the overzealous prosecutor couldn't go after Facebook for its role in this so-called harassment.
http://blog.ericgoldman.org/archives/2013/08/student_convict_1.htm

>>Opinion:
www.pacourts.us/assets/opinions/Superior/out/J-S45024-13o - 1015072601679727.pdf

Small Justice v. Xcentric Ventures

Small Justice v. Xcentric Ventures (July 16, 2013)

D. Mass.: Attorney Uses Copyright to Attack Unflattering Web
National Law Journal
Federal law grants website operators immunity from defamation claims for third-party posts, so Boston lawyer Richard Goren used copyright law to go after a site’s parent company over a negative posting. It worked—Goren has persuaded the Massachusetts trial courts to assign him the copyright to the disputed material.And on Tuesday, he went to federal court accusing the website of violating his copyright.

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202611557418&kw=Attorney%20Uses%20Copyright%20to%20Attack%20Unflattering%20Web%20Post&et=editorial&bu=Law.com&cn=20130719&src=EMC-Email&pt=Newswire&slreturn=20130624120748

Complaint:
http://pdfserver.amlaw.com/nlj/DMassSmallJusticevGoren.pdf

Burril v. Nair

Burill v. Nair (6/3/13)

STATUS: Lawsuit cannot be blocked says court.

Cal.App.: Counselor May Sue for Defamatory Remarks
Courthouse News
A California man cannot block a defamation lawsuit filed by a psychologist he accused of "criminal fraud and modern-day slavery" on CNN's website, a state appeals court ruled.
 https://www.courthousenews.com/2013/06/25/58805.htm

Order: https://www.courthousenews.com/2013/06/25/SLAPP.PDF

Stepanov v. Journalism Development Network

Stepanov v. Journalism Development Network  (June 12, 2013)

Md. Cir.: Court Dismisses Libel Claim Over Money Laundering Articles
The court held that a series of articles about international money laundering schemes were not defamatory of plaintiffs, a former Russian diplomat and an offshore corporate registration company. Taken as a whole, the articles could not reasonably be read to infer that plaintiffs knowingly engaged in criminal activity.

Order: 
http://www.medialaw.org/images/medialawdaily/stepanov2.pdf

Green Tech v. Watchdog.org

Green Tech v. Watchdog.org (April 8, 2013)

STATUS: Suit filed in Mississippi district court.

Green Tech sues Online Watchdog for Libel
Mississippi Business Journal
http://msbusiness.com/blog/2013/06/07/greentech-sues-online-watchdog-for-libel/

DueAll Construction v. Smith et al.

DueAll Construction v. Smith, et. al (May 16, 2013)

STATUS: Complaint filed in Florida Circuit Court.

Fla.Cir.: Brandenton Residents Sued by Contractor for Defamation
WFLA.com
Homeowners in Bradenton's crumbling Willowbrook condominium are in a fierce battle with their builder KB Home. That fight has landed two residents in a lawsuit.
http://www.wfla.com/story/22440836/willobrook

Schon v. Kozan

Schon v. Kozan  (March 18, 2013)

STATUS: Complaint filed in Minnesota District Court.

Minn.Dist.Ct. Defamation Doesn't Mean Name Calling
CBS Philly
If defamation is like name calling, can you defame someone if you never actually mention his name?
http://philadelphia.cbslocal.com/2013/05/31/defamation-doesnt-mean-name-calling/

Rakofsky v. Washington Post

Rakofsky v. Washington Post (April 29, 2013)

STATUS: Opinion delivered on April 29, 2013.

N.Y. Sup.: Judge Not Impressed by Rakofsky v. the Internet; Dismisses Defamation Claims
Techdirt
In a ruling on Friday, the Supreme Court of the State of NY basically shot down every singe on of Rakofsky's claims and granted the motions to dismiss of various defendants.  The court very carefully details the factual background and then explains why the motions to dismiss are being granted.
https://www.techdirt.com/articles/20130510/17292223040/judge-not-impressed-rakofsky-v-internet-dismisses-defamation-claims.shtml

>>Opinion:
https://www.documentcloud.org/documents/699478-rakofsky-order.html

Arrington v. Allen

Arrington v. Allen (May 5, 2013)

STATUS: Lawsuit brought on May 5, 2013.

W.D.Wash.: Michael Arrington Files Suit Against Jen Allen, Alleging Defamation
BetaBeat
"As a proximate result of the statements alleged above, plaintiff has suffered loss of his reputation, shame, mortification, and hurt feelings, all to his general damage."
http://betabeat.com/2013/05/michael-arrington-files-suit-against-jenn-allen-alleging-defamation/

>>Complaint:
http://www.scribd.com/doc/140241091/Arrington

Duc Tan v. Le

Duc Tan v. Le (May 9, 2013)

STATUS: Washington Supreme Court reversed Court of Appeals ruling.

Wash. Supreme Court Reinstates $310K Jury Award for Man Defamed as a Communist
Associated Press
http://www.therepublic.com/view/story/a7deebe9badc450a957858b147f8e0db/WA--SCOW-Communist-Defamation

 

Med Express v. Nicholls

Med Express v. Nicholls (March 25, 2013)

STATUS: Judge set date for an oral hearing on a preliminary injunction.

Med Express Sues Marginally Dissatisfied Customer for Posting Accurate Feedback on Ebay
TechDirt
Here's yet another example of companies using lawsuits to censor speech -- a situation that would be stopped if there was a serious federal anti-SLAPP law in place.
https://www.techdirt.com/articles/20130416/02180522721/med-express-sues-marginally-dissatisfied-customer-posting-accurate-feedback-ebay.shtml

Complaint:
https://www.citizen.org/documents/ComplaintandTROMotion.pdf

Fiddler's Creek Foundation v. Schutt

Fiddler's Creek Foundation v. Schutt (January 25, 2013)

STATUS: Suit brought in Florida Circuit  Court on January 25, 2013.

Fiddler's Creek Suits Become Latest in Libel, Slander Cases Involving Libel
Naples News
http://www.naplesnews.com/news/2013/apr/08/fiddlers-creek-suit-libel-slander-blog-schutt-hoa/

Complaint:
http://media.naplesnews.com/media/static/FIddlersCreekVSchutt.pdf

Lee v. Makhenivich

STATUS: Order given March 27, 2013.
 
S.D.N.Y.: You Shouldn't Need a Copyright Lawyer to Pick a Dentist
Technology & Marketing Law Blog (Eric Goldman)
Lee became unsatisfied with his interactions with the dentist and posted critical online reviews to Yelp, DoctorBase and other websites.  Apparently unhappy with the reviews, the dentist invoked the Mutual Agreement to Maintain Privacy and claimed copyright ownership over those reviews.
 
> Opinion: Lee v. Makhenivich
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1347&context=historical

Johnson v. City of Raleigh

Johnson v. City of Raleigh (3/29/13)

STATUS: Defamation claim dismissed on 3/29/13

D.N.C.: Court Applies Single Publication Rule to Dismiss Defamation Claim
A North Carolina federal court applied the single publication rule in an Internet defamation case in dismissing on statute of limitation grounds long running libel claims against several media defendants who has accused plaintiff of having a statutory rape conviction. It is the first trial or appellate court decision in the Fourth Circuit to squarely apply the single publication rule in dismissing an Internet defamation claim.

Order:
http://www.medialaw.org/images/medialawdaily/raleigh.pdf

McGibney v. Moore

McGibney v. Moore (October 24, 2012)

STATUS:  Judgement entered against defendant on March 8, 2013.

Nev. Dist.: Revenge Porn Site Founder Loses $250k Defamation Suit
Ars Technica
In a decision at the Clark County, Nevada district court, Randazza Legal Group secured a $250,000 judgment against IsAnyoneUp site founder, Hunter Moore.  This particular defamation case was not related to Moore's revenge porn activities, but instead focused on statements Moore issued about McGibney.
http://arstechnica.com/tech-policy/2013/03/revenge-porn-site-founder-loses-250k-defamation-suit/

Decision:
http://bv.1110.cds.contentcolo.net/uploads/files/Executed%20Moore%20Judgement.pdf

Brompton Buildings v. Yelp

Brompton Buildings v. Yelp (January 31, 2013)

Ill.App.: Building Owner Can't Discover the Identity of Tenant Who Writes Bashing Yelp Review
Forbes (Eric Goldman)
http://www.forbes.com/sites/ericgoldman/2013/02/20/building-owner-cant-discover-the-identity-of-tenant-who-writes-bashing-yelp-review/

Opinion:
http://www.state.il.us/court/R23_Orders/AppellateCourt/2013/1stDistrict/1120547_R23.pdf

Hingston v. Google

Hingston v. Google (12/21/12)

STATUS: Complaint filed in California District Court on 12/21/12.

C.D.Cal.: Filing Lawsuits in the United States Over Google Auto-Complete Is...
Citizen Media Law Blog
In false light and defamation actions, context is king.
http://www.citmedialaw.org/blog/2013/filing-lawsuits-united-states-over-google-autocomplete

Complaint: http://www.citmedialaw.org/sites/citmedialaw.org/files/Hingston%20Complaint.pdf

Toups et al v. GoDaddy.com et al

Toups et al v. GoDaddy.com (1/18/13)

New Lawsuit Against "Revenge Porn" Site Also Targets GoDaddy
Ars Technica
So-called involuntary porn or "revenge porn" websites have continued to make more news- against the will of just about everyone featured on them.
http://arstechnica.com/tech-policy/2013/01/new-lawsuit-against-revenge-porn-site-also-targets-godaddy/

Complaint:  http://www.scribd.com/doc/121463764/Class-Action-Suit-Against-GoDaddy-com-Texxxan-com

Bierman & Weier v. Weier & Author Solutions

Bierman & Weier v. Weier & Author Solutions (court filed date)

Iowa Supreme Court: Internet Publishes Protected from Libel Suits
Des Moine Register
The Iowa Supreme Court has given protections against libel lawsuits to Internet publishes but have declined to extend them to average citizens, a ruling that media lawyers called significant.
http://www.desmoinesregister.com/viewart/20130122/NEWS01/301220041/Iowa-Supreme-Court-Internet-publishers-protected-from-libel-suits

Opinion: http://www.iowacourts.gov/Supreme_Court/Recent_Opinions/20130118/10-1503.pdf

Gordon v. Mediabistro.com

UPDATE:  Complaint answered on March 6, 2013.

D.C. Sup.: Were Fishbowl's Wendy Wednesday Posts Just a Joke?
Washington Post
http://www.washingtonpost.com/blogs/erik-wemple/wp/2013/03/12/were-fishbowldcs-wendy-wednesday-posts-just-a-joke/

Answer to Complaint:
http://www.washingtonpost.com/r/2010-2019/WashingtonPost/2013/03/12/Editorial-Opinion/Graphics/fishbowldcresponse.pdf

Gordon v. Mediabistro.com  (1/17/2013)

 STATUS: Complaint filed on January 17, 2013.

D.C. Super.: Media News Site Sued for Libel
The BLT: Blog of the Legal Times
Wendy Gordon, a local publicist, claimed that the FishBowl DC launched an "unprovoked, online smear campaign" against her and published false information that hurt her reputation and her business.
 http://legaltimes.typepad.com/blt/2013/01/dc-media-news-website-sued-for-libel.html

Complaint: http://legaltimes.typepad.com/files/gordon-v-mediabistro-complaint.pdf



Chevaldina v. R.K./ FI Management, Inc.

Chevaldina v. R.K./FI Management, Inc., No.3612-3189  (12/14/12)

STATUS: Blogger appealing preliminary injunction.

Fla.App.: Blogger Appeals Preliminary Injunction in Libel Case
The defendant wrote critical blog posts about a shopping center owner and its leasing practices and was sued for defamation and related claims.  In November a circuit court judge enjoined the defendant from writing "defamatory" blogs in the future.

Appellate Brief: Chevaldina v. R.K./ FI Management, Inc.
http://www.medialaw.org/images/medialawdaily/chevaldina.pdf

Noriega v. Huffington Post

Noriega v. Huffington Post, No. 1:12-cv-2006 ( 12/14/12)

STATUS: Complaint filed on 12/14/12.

D.D.C.: Huffington Post Facing $3Million Libel Lawsuit from Panama Lawyer
Legal Times
On August 2nd, an article called "The Primacy of the Rule of Law" was posted on the Huffington Post.  The problem, according to a defamation lawsuit, is that the author listed claims he had nothing to do with the piece.
http://legaltimes.typepad.com/blt/2012/12/the-huffington-post-facing-3m-libel-lawsuit-from-panama-lawyer.html

Complaint: Noreiga v. Huffington Post
http://legaltimes.typepad.com/files/noriega-complaint-1.pdf

LeBlanc v. Skinner

LeBlanc v. Skinner No. 8310/08 (12/12/2012)

STATUS: Appellate Court rules in favor of defendant.

N.Y.App.: Calling Someone a Terrorist Online is Non-Actionable Opinion
Technology & Marketing Law Blog (Eric Goldman)
Here the court- without reservation- says the online reference doesn't have the obvious serious implications that normally attach to being a "terrorist".
http://blog.ericgoldman.org/archives/2012/12/calling_someone.htm

Order: LeBlanc v. Skinner
http://www.nycourts.gov/reporter/3dseries/2012/2012_08494.htm

Martin v. Daily News

Martin v. Daily News, No. 100050/08 (Dec.3, 2012)

STATUS: Court grants Defendant's motion for summary judgment.

N.Y.Sup.: Court Grants Summary Judgment in Favor of the Daily News
Plaintiff Justice Larry Martin of the Supreme Court of the State of New York sued the paper and the journalist who wrote a series of blog posts and stories about judicial corruption in Brooklyn in 2007.  Justice Martin failed to show actual malice and the court granted the defendant's motion for summary judgment and dismissed the claims.

Opinion: Martin v. Daily News
http://www.medialaw.org/images/medialawdaily/martin.pdf

Dietz Development v. Perez

UPDATE

STATUS: Virginia Supreme Court overturns preliminary injunction.

Va: Injunction Over Negative Yelp Review Overturned by Virginia Supreme Court
Washington Post
The Virginia Supreme Court has overturned a preliminary injunction against a Fairfax woman who is facing a $750,000 defamation suit for her negative reviews on Yelp and Angie's List.
http://www.washingtonpost.com/local/crime/injunction-over-negative-yelp-review-overturned-by-virginia-supreme-court/2013/01/02/c83046aa-552d-11e2-8b9e-dd8773594efc_story.html?wprss=rss_crime 

Order: Perez v. Dietz Development
http://www.citizen.org/documents/SupremeCourtReversal.pdf

 Dietz Development v. Perez (Oct. 31, 2012)

STATUS: Judge ruled in favor of Plaintiff in preliminary injunction.

Vir.Cir.: Judge Says Homeowner Must Delete Certain Accusations on Yelp, Angie's List
Washington Post
A Fairfax County woman being sued for defamation over negative reviews she wrote on Yelp and Angie's List must delete certain accusations and is barred from repeating them in new posts.
http://www.washingtonpost.com/local/crime/judge-says-homeowner-must-delete-some-accusations-on-yelp-angies-list/2012/12/05/bd97448a-3f22-11e2-a2d9-822f58ac9fd5_story.html?wprss=rss_local

Memo in Support of Preliminary Injunction:
http://apps.washingtonpost.com/g/documents/local/plaintiffs-memo/162/

Shepard v. The Huffington Post

UPDATE:  A federal appeals court holds that there was no libel.

8th.Cir.: HuffPo Smearing of Candidate Not Libel, Says Court
Lawyers.com
A federal appeals court upheld the dismissal of a lawsuit accusing the Huffington Post of libeling a former U.S. Senate candidate from Minnesota by calling him an arsonist in a story headline.
http://blogs.lawyers.com/2013/06/huffpo-smearing-of-senate-candidate-not-libel-court-says/

Opinion:
http://media.ca8.uscourts.gov/opndir/13/06/124036U.pdf


Shepard v. The Huffington Post (June 2012)

STATUS: District Court dismissed the claims with prejudice after finding that it was barred by the statute of limitations.

D.Minn.: HuffPo Cleared for IDing Candidate as Arsonist
Courthouse News
A former Congressional candidate waited too long to sue the Huffington Post over an article that labels him an "arsonist", a federal judge.

Order: Shepard v. The Huffington Post
 https://www.courthousenews.com/2012/11/27/huffpo.pdf

Spooner v. The Associated Press

Spooner v. The Associated Press
STATUS: Lawsuit settled in December 2012.

NBA Ref & AP Settle Suit Over Reporter's Tweet
Minneapolis St. Paul Business Journal
http://www.bizjournals.com/twincities/blog/law/2011/12/nba-ref-ap-reporter-settle-over-tweet.html?page=all

Gilman v. Spitzer

Gilman v. Spitzer (10/1/12)

STATUS: Lawsuit dismissed on 10/5/12.

S.D.N.Y.:  Federal Judge Dismisses Lawsuit Against Ex-Gov Spitzer
New York Times
A federal judge on Friday dismissed a libel lawsuit against ex-Gov. Spitzer and the online magazine Slate for a column Spitzer wrote in 2010 about an insurance bid-rigging scandal.
https://www.nytimes.com/2012/09/29/nyregion/federal-judge-dismisses-libel-lawsuit-against-ex-gov-spitzer.html?ref=politics&_r=0

Opinion: Gilman v. Spitzer
http://ia600709.us.archive.org/5/items/gov.uscourts.nysd.383728/gov.uscourts.nysd.383728.38.0.pdf

ZAGG v. Catanach

Zagg v. Catanach ( 9/27/12)

E.D.Pa.:  Business School Professors May Be Liable for Defamatory Blog Posts
Technology & Marketing Law Blog (Eric Goldman)
The lawsuit involves a blog post "Don't Gag on Zagg".  They appear to have removed the post, but it was widely distributed and discussed.
http://blog.ericgoldman.org/archives/2012/09/business_school.htm

Memorandum: http://www.paed.uscourts.gov/documents/opinions/12d0938p.pdf

Pippen v. Mont Software

Pippen v. Mint Software (9/26/12)

STATUS: Lawsuit dismissed.

N.D.Ill.:  Pippen Lawsuit, Shot Down by Judge
TMZ
Pippen sued a ton of media outlets for defamation back in 2011 after they published articles claiming he was broke.
http://www.tmz.com/2012/09/29/scottie-pippen-defamation-lawsuit-dismissed/

Opinion: Pippen v. Mint Software
http://www.medialaw.org/images/medialawdaily/pippen.pdf

Kahl v. Warner Brothers Entertainment (9/14/2012)

STATUS: Complaint filed on 9/14/2012 for claims including libel and intentional infliction of emotional distress.

Cal. Super: "Reality" Actor Claims TMZ Defamed Him
Courthouse News
"Bachelorette" actor Kasey Kahl claims in court that celebrity gossip website TMZ.com defamed him by reporting that he was "jailed" for "allegedly huffing paint thinner".
http://www.courthousenews.com/2012/09/18/50394.htm

Complaint: Kahl v. Warner Bros. Entertainment
http://www.courthousenews.com/2012/09/18/TMZ.pdf

Dillard v. Raycom

Dillard v. Raycom Media (8/24/2012)

STATUS: Complaint filed on 8/24/2012 in Lauderdale County Court.

Fla. Cir.: Complaint: Dillard v. Raycom Media
Courthouse News
Raycom Media and the Shoals Insider website defamed an attorney by reporting that he "was arrested for urinating in front of school children" though he was only peeing in the bushes, the man claims in Lauderdale County Court.

Complaint: Dillard v. Raycom Media
http://www.courthousenews.com/2012/08/28/Defame.pdf

Seaton v. Tripadvisor

UPDATE 8/28/13

STATUS:  Federal appeals court says owner cannot sure website over list.

6th.Cir.: Owner of America's Dirtiest Hotel Loses TripAdvisor lawsuit
Reuters
The owner of a hotel in Tennessee's Great Smokey Mountains that had the dubious honor of topping TripAdvisor's 2011 list of dirtiest hotels cannot sue the website's operator for defamation.
http://www.reuters.com/article/2013/08/28/tripadvisor-dirtyhotel-lawsuit-idUSL2N0GT0RH20130828

Opinion:
http://www.medialaw.org/images/medialawdaily/seaton2.pdf

Seaton v. Tripadvisor (8/22/2012)

STATUS: Court dismissed libel suit.

E.D.Tenn.: Court Dismisses Libel Suit Against Tripadvisor Over Dirtiest Hotels List
"Tripadvisor's list is of the genre of hyperbole that is omnipresent. From law schools to restaurants, from judges to hospitals, everything is ranked, graded, ordered and critiqued...A reasonable person would not confuse a ranking system, which uses consumer reviews as its litmus, for an objective assertion of fact."

Opinion: Seaton v. Tripadvisor
http://www.medialaw.org/images/medialawdaily/seaton.pdf

Redmond v. Gawker Media

Redmond v. Gawker Media (8/10/2012)

STATUS: Court dismisses suit on anti-SLAPP grounds.

Cal. App.: Using Links As Citations Helps Gizmodo Defeat A Defamation Claim
Technology & Marketing Law Blog (Eric Goldman)
Pehrpas the ultimate takeaway- that defamation claims against well-cited blog posts will fall under anti-SLAPP and lead to the plaintiff paying money to the defense- will help dissuade similiar lawsuits.
http://blog.ericgoldman.org/archives/2012/08/using_links_as.htm

Order: Redmond v. Gawker Media
http://www.courts.ca.gov/opinions/nonpub/A132785.PDF

Ahmed v. Ethiopian Review Inc

Ahmed v. Ethiopian Review Inc. (8/6/2012)

STATUS:

N.D.GA.: Businessman Claims Web Zine Defamed Him
Courthouse News
A businessman claims in court that a magazine defamed him by accusing him of involvement in "human trafficking" of Ethiopian women serving as household maids in Saudi Arabia who are held in "slave like" conditions and subjected to beatings and other abuses.
http://www.courthousenews.com/2012/08/09/49151.htm

>>Complaint: Ahmed v. Ethiopian Review
http://www.courthousenews.com/2012/08/09/Ethiopia.pdf

In re Philadelphia Newspapers

In re Philadelphia Newspapers (May 23, 2012)

STATUS: Court files Opinion on July 26, 2012 finding article is not a republication.

3d. Cir.: Newspaper's Hyperlink to Alleged Defamatory Article Not a Republication
Affirming dismissal of a defamation claim, the court stated: "websites are constantly linked and updated. If each link or technical change were an act of republication, the statute of limitations would be re triggered endlessly and its effectiveness essentially eliminated.:

Opinion: In re Philadelphia Newspapers
http://www.ca3.uscourts.gov/opinarch/113257p.pdf

Hadley v. GateHouse Media

Hadley v. GateHouse Media (7/10/12)

STATUS: Defendant's motion to dismiss granted on 7/10/2012.

N.D.Ill.: Yet Another Case Says Section 230 Immunizes Newspapers From User Comments
Technology & Marketing Law Blog (Eric Goldman)
One of the safest bets in Section 230 jurisprudence is that a traditional media publisher won't be held liable for user comments to its website.
http://blog.ericgoldman.org/archives/2012/07/yet_another_cas.htm

>>Order: Hadley v. GateHouse Media
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1101&context=historical

Lesher v. Doescher

Lesher v Doescher (April 16, 2012)

STATUS: District Court judge grants Defendant's motion for judgment notwithstanding the verdict.

Tex. Dist.: Record Libel Award Gone As Fast As It Came
Courthouse News
A judge has thrown out the record $13.7 million jury award to a lawyer and his wife who said they falsely accused of sexual perversion, molestation and drug dealing in more than 25,000 online postings.
http://www.courthousenews.com/2012/06/19/47601.htm

>>Final Judgment: Lesher v. Doescher
http://www.courthousenews.com/2012/06/19/lesherj.pdf

Ziyi v. China Free Press

UPDATE:  California Federal Court hearing the defamation lawsuit on January 25, 2013.

C.D.Cal.: Crouching Tiger Actress Demands Journalist Reveal Sources Behind Prostitution Story
The Hollywood Reporter
On Friday, a California Federal Court will play host to an important hearing in actress Zhang Ziyi's defamation lawsuit against U.S. based China Free Press and a journalist over published claims that she is a prostitute.
http://www.hollywoodreporter.com/thr-esq/crouching-tiger-actress-demands-journalist-414065

Ziyi v. China Free Press  (June 14, 2012)

STATUS: Complaint filed on June 14, 2012.

C.D.Cal.: Zhang Ziyi Shocked and Devastated Over $100 Million Prostitute Accusations in China
EOnline
The Actress sued the U.S. based China Free Press for libel last week over a story that she carried on sexual relationships with a number of high-ranking Chinese officials.
http://www.eonline.com/news/zhang_ziyi_shocked_devastated_over_100/324480?cmpid=rss-000000-rssfeed-365-celebritynews&utm_source=eonline&utm_medium=rssfeeds&utm_campaign=rss_celebritynews

>>Complaint: Ziyi v. China Free Press
http://images.eonline.com/static/news/pdf/zhangziyi.pdf

Carreon v. The Oatmeal

Carreon v. The Oatmeal  (June 15, 2012)

STATUS: Complaint filed on June 15, 2012.

N.D.Cal.: FunnyJunk Lawyer Suing the Oatmeal cartoonist Inman Over IndieGoGo Charity Drive
Washington Post
Matthew Inman prides himself on being a satiric cartoonist who can wield that lacerating wit at his critics.  Charles Carreon prides himself on being a veteran attorney who has adapted to the newer terrain of Internet media law.  Now the two sides are on a potential collision course towards the courtroom.
http://www.washingtonpost.com/blogs/comic-riffs/post/funnyjunk-lawyer-suing-the-oatmeal-cartoonist-inman-over-indiegogo-charity-drive/2012/06/18/gJQAbZhDlV_blog.html

>>Complaint: Carreon v. The Oatmeal
http://kevinunderhill.typepad.com/Documents/Pleadings/Carreon_v_Inman_redacted.pdf

King v. Phoenix New Times LLC

King v. Phoenix New Times LLC  (May 25, 2012)

STATUS: Complaint filed on May 25, 2012.

Arizona Super: Cops Claims New Times Defamed Him
Courthouse News
A police lieutenant claims in court that the Phoenix New Times published libelous blogs accusing him of engaging in a cover up to scrub an arrest during the country music fest known as "titties and beer" bacchanalia.
http://www.courthousenews.com/2012/06/05/47112.htm

>>Complaint:
http://bloximages.chicago2.vip.townnews.com/azstarnet.com/content/tncms/assets/v3/editorial/3/8a/38aac00c-aab8-11e1-bcdd-001a4bcf887a/4fc6bd14a89b8.pdf.pdf

Vo. v. Opinion Corp

Vo. v. Opinion Corp (May 22, 2012)

STATUS: Decision given by New York Superior Court on May 22, 2012.

N.Y.Sup.Ct.: Pissed Consumer Denied Section 230 Immunity and Can't Shake Extortion Claim
Technology & Marketing Law Blog (Eric Goldman)
This adds to a long-simmering split in Section 230 jurisprudence: can a plaintiff defeat a motion to dismiss simply by allegint hat the review website wrote the review in question?
http://blog.ericgoldman.org/archives/2012/06/pissedconsumer.htm

>>Order:
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1073&context=historical

Central Basin Municipal Dist. v. Does 1-10

Central Basin Municipal Dist. v. Does 1-10 (May 10, 2012)

STATUS: Complaint filed on May 10, 2012.

Cal.Super.: Water Agency Draws Fire After Filing Unusual Libel Suit
Los Angels Times
"You can't defame the government", said Eugene Volokh, a professor at UCLA Law School.  "The government can't sue for libel even if it feels they can prove statements about it are not just false, but are lies."
http://www.latimes.com/news/local/la-me-corruption-libel-20120602,0,2627275.story

>>Complaint:
http://volokh.com/wp-content/uploads/2012/06/CentralBasinComplaint.pdf

Summit Bank v. Rogers

Summit Bank v. Rogers

STATUS: Lawsuit dismissed in May 2012.

Cal. App.: Court Rejects 1917 Law on Defaming Banks
San Francisco Chronicle
A state appeals court has ordered the dismissal of an Oakland bank's suit against a vociferous online critic and struck down a 95 yr old state law that makes it a crime to make false statements or spread rumors about a bank's financial condition.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/05/31/BUUM1OPIUN.DTL

>>Opinion: Summit Bank v. Rogers
http://www.courtinfo.ca.gov/opinions/documents/A129800.PDF

Parks v. Vibe Holdings

Parks v. Vibe Holdings  (5/22/2012)

STATUS: Complaint filed on May 22, 2012.

N.D.Ga: Attorney-TV Star Sues Vibe.com
Courthouse News
An attorney who stars in "Real Housewives of Atlanta" claims in court that an Internet publishing company defamed her in articles accusing her of being "a crooked attorney who knows how to commit crimes, has committed crimes, and knows how to cover up her criminal activity".
http://www.courthousenews.com/2012/05/24/46784.htm

>> Complaint: Parks v. Vibe Holdings
http://www.courthousenews.com/2012/05/24/Phaedra.pdf

Lesher v. Does

Lesher v. Does ( 2/3/2009)

STATUS: Texas court awards $13.78 million judgment on April 24, 2012.

How Should We Measure Damages Over Defamation on Social Media?
Citizen Media Law Blog
On April 24, 2012, a Texas Court awarded a $13.78 million judgment to a Texas married couple in a case based upon an extended campaign of defamation on the website Topix.com.
http://www.citmedialaw.org/blog/2012/how-should-we-measure-damages-defamation-over-social-media

W.J.A. v. D.A.

W.J.A. v. D.A. (Nov. 7, 2011)

STATUS: Court reverses trial court dismissal on May 16, 2012.

N.J.: Supreme Court Considers Presumed Damages, Public Concern in Defamation Cases
In an Internet defamation case, the court held that presumed damages are available in private plaintiff cases that do not involve matters of public concern.  Although (defendant) argues that his postings involved the public issue of allegations of failed justice,  a personal and subjective belief that error occurred in a trial does not transform an essentially private dispute into one that implicates the public interest.

>>Opinion:
http://www.judiciary.state.nj.us/opinions/supreme/A7710WJAvDA.pdf

EDrop-Off Chicago v. Burke

UPDATE (6/4/12)

STATUS: The Electronic Frontier Foundation files for case to stay in California on June 1, 2012.

C.D.Cal.: Group Wants Blog Defamation Case to Stay in California
Courthouse News
The Electronic Frontier Foundation, a group dedicated to digital privacy rights, has asked a federal judge to keep hold of an online auctioneer's blog defamation claims, rejecting a bid to refile in Illinois, where there are allegedly fewer free-speech protections against frivolous claims.
http://www.courthousenews.com/2012/06/01/47020.htm

>>Amicus Brief:
http://www.courthousenews.com/2012/06/01/edropoffamicusfinal.pdf

EDrop-Off  Chicago v. Burke  (May 10, 2011)

STATUS: Complaint filed on May 10, 2011.

C.D.Cal.: Reality Star Says Purseblog Posts Hurt Business
Courthouse News
An online auctioneer says in Federal Court it was falsely accused of bid-rigging on the message boards of the popular site Purseblog.com.
http://www.courthousenews.com/2012/05/14/46486.htm

>>Complaint:
http://www.courthousenews.com/2012/05/14/purseblog.pdf

Price v. Gannett

Price v. Gannett (May 1, 2012)

STATUS: Court rules that Topix is protected by Section 230 on May 1, 2012.

S.D.W.Va.: Topix Protected by 47 USC 230
Technology & Marketing Law Blog (Eric Goldman)
The plaintiffs alleged that pseudonymous posters made defamatory and otherwise tortious remarks about the plaintiffs on Topix.
http://blog.ericgoldman.org/archives/2012/05/topix_protected.htm

Order:
http://docs.justia.com/cases/federal/district-courts/west-virginia/wvsdce/2:2011cv00628/74173/15/

Richey v. Walker

Richey v. Walter (May 3, 2012)

STATUS: Complaint filed on May 3, 2012.

GA. Super.:  Party Official Says Blogs Labeled Him Jail Bird
Courthouse News
Rashad Richey, Political Director for the Democratic Party of Georgia, claims in court that two bloggers slandered him as a "jail bird" and "recidivist".
http://www.courthousenews.com/2012/05/09/46348.htm

>>Complaint:
http://www.courthousenews.com/2012/05/09/GaPolitics.pdf

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. v. Escape Media Group, Inc. (March 20, 2012)

STATUS: Petition to Enforce Subpoena filed on March 20, 2012.

Cal. Super.: Grooveshark Tries to Force Digital Music News To Unveil Commenter, Ignoring First Amendment
Techdirt
http://www.techdirt.com/articles/20120501/02481418723/grooveshark-tries-to-force-digital-music-news-to-unveil-commenter-ignoring-first-amendment.shtml

Ouelette v. Viacom

STATUS: On April 25, 2012, the Judge rejected Plaintiff's 17 USC 512 (f) claim.

D. Mont.: 512(f) Plaintiff Can't Get Discovery To Back Up His Allegations of Bogus Takedowns
Technology & Marketing Law Blog (Eric Goldman)
Ouellette sued Viacom for allegedly sending bogus take down notices he posted to Youtube. 
http://blog.ericgoldman.org/archives/2012/04/512f_plaintiff.htm

>>Order:
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1053&context=historical

In Re BitTorrent Aduly Copyright Infringement Cases

STATUS: On May 2, 2012, a NY Federal judge ruled against plaintiffs in several porn copyright cases.

E.D.N.Y.: Federal Judge Decries Blizzard of Copyright Troll Lawsuits
Ars Technica
On Tuesday, an obviously angry judge ruled against plaintiffs in several copyright cases.  His 26 page ruling is a devastating critique of this litigation strategy.
http://arstechnica.com/tech-policy/news/2012/05/furious-judge-decries-blizzard-of-copyright-troll-lawsuits.ars

>> Order & Report and Recommendations
http://www.scribd.com/doc/92229567/Judge-Gary-Brown-IP-Address-Ruling

Lewis v. Rapp

UPDATE:

N.C. Dist.: Court Awards Judge $105k in Libel Case
Associated Press
Rapp wrote in a blog posting that Lewis' endorsement violated the state's judicial conduct code, something the judge's attorney said wasn't true.
http://charlotte.news14.com/content/top_stories/684480/court-awards-judge--105k-in-libel-case

STATUS: Court of Appeals reversed and remanded for granting of partial summary judgment for Plaintiff on May 1, 2012.

Appeals Court Splits Decision in Judge Lewis Case
WWAY News Channel 13
The North Carolina Court of Appeals says a citizen blog post two years ago defamed a Brunswick County Judge, while another post did not.
http://www.wwaytv3.com/2012/05/01/appeals-court-splits-decision-judge-lewis-libel-case

>>Opinion:
http://appellate.nccourts.org/opinions/?c=2&pdf=MjAxMi8xMS0xMTg4LTEucGRm

American Heritage Capital v. Gonzalez

STATUS: On April 14, 2012 the Court granted a fee-short award to Gonzalez including attorney fees, sanctions and additional financial concessions.

Tex.Dist.: Texas Ruling Shows the Benefits We Would Get From a Federal Anti-SLAPP Law
Technology & Marketing Law Blog (Eric Goldman)
This might be the first application of Texas' new anti-SLAPP law.
http://blog.ericgoldman.org/archives/2012/04/texas_ruling_sh.htm

>>Order: American Heritage Capital v. Gonzalez
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1047&context=historical

Brown v. Doe

STATUS: Motion to Quash filed on April 6, 2012.

Nev. Dist.: Lawsuit Filed Against Anonymous Commenter
Las Vegas Review-Journal
A reader comment on a Las Vegas Review-Journal story detailing a romantic relationship between a judge and former prosecutor has prompted a defamation lawsuit.
http://www.lvrj.com/news/lawsuit-filed-against-anonymous-commenter-146777995.html

>>Motion to Quash
http://www.medialaw.org/images/medialawdaily/brown_v_doe.pdf

3M Company v. David, et al

UPDATE:  Media organizations submit brief stating that D.C. anti-SLAPP should apply.

D.C.Cir.:  Media Amicus Brief Argues that D.C. Anti-SLAPP Statute Applies in Federal Court
Citing to cases from the First, Fifth, and 9th Circuits as well as numerous district courts, the brief argues that "the remedies provides under anti-SLAPP laws comfortably exists "side by side" with Rules 12 & 56, providing critical protection to the media disseminating news and information on issues of public concern."

Amicus Brief:  http://www.medialaw.org/images/medialawdaily/3mamicus.pdf


UPDATE: Federal Court denies Motion to Dismiss on July 18, 2012.

D.C. Cir.: Federal Court Denies Motion to Dismiss Anti-SLAPP Appeal
RCFP
An appeal in a defamation case against the late journalist Andrew Breitbart will proceed after a federal court denied a motion to have it dismissed. ( The Court also denied a motion to consolidate the appeal with 3M v. Boulter, in which the district court held the D.C. anti-SLAPP does not apply in federal court)
http://www.rcfp.org/browse-media-law-resources/news/federal-court-denies-motion-dismiss-anti-slapp-appeal

Order: http://www.rcfp.org/sites/default/files/docs/20120719_141422_davisruling.pdf


STATUS: Davis files Motion to Consolidate with Sherrod v. Breitbart on March 23, 2012.

D.C.Cir.: Lanny Davis Moves to Merge His Anti-SLAPP Apeal with Breitbart Case
BLT (Blog of the Legal Times)
Two of the most watched pieces of litigation surrounding the District of Columbia's relatively new anti-SLAPP law could merge if Washington attorney and political strategist Lanny Davis gets his way.
http://legaltimes.typepad.com/blt/2012/04/lanny-davis-moves-to-merge-his-anti-slapp-appeal-with-breitbart-case.html

>>Motion to Consolidate:
http://legaltimes.typepad.com/files/davis-motion-to-consolidate.pdf

Davis v. Avvo

STATUS: Lawsuit dismissed on March 28, 2012.

W.D.Wash.: Lawsuit Against Avvo for Lawyer's Profile Dismissed as SLAPP
Technology & Marketing Law Blog (Eric Goldman)
The key to this ruling is that Washington's anti-SLAPP law is more robust than Florida's mostly toothless anti-SLAPP protection.
http://blog.ericgoldman.org/archives/2012/03/lawsuit_against_1.htm

>>Davis v. Avvo: Order on Special Motion to Strike
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1032&context=historical

Shrader v. Biddinger

Shrader v. Biddinger (Filed August 6, 2010)

STATUS: Decision on February 12, 2012 dismissing parts of Shrader's case, along with granting attorney fees to Biddinger under Colorado §13-17-201.

D.Colo.: Emailing the URL of an Allegedly Defamatory Post Immunized by 47 USC 230--Shrader v. Biddinger
Technology & Marketing Law Blog (Eric Goldman)
http://blog.ericgoldman.org/archives/2012/03/emailing_the_ur.htm

Opinion: Shrader v. Biddinger
 http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1029&context=historical

Pitale v. Holestine

STATUS:  Decision issued on all counts on February 27, 2012.

N.D. Ill.: For-profit college, former employee square off in Wikipedia defamation case
Ars Technica (Prof. Eric Goldman)Given the size and scale of its database, it's remarkable we don't see more US defamation lawsuits filed (rather than just threatened) over Wikipedia entries.


--Opinion: Pitale v. Holestine
 http://docs.justia.com/cases/federal/district-courts/illinois/ilndce/1:2011cv00921/252330/37/

Ratingz, Inc v. Adrian Philip Thomas, P.A.

 STATUS:  The EFF filed suit seeking declaratory relief on February 22, 2012.

EFF Files Suit to Block Threats Aimes at Lawyers Rating Site
Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) has filed suit in federal court to block threats aimed at LawyerRatingz.com, a website that allows Internet users to write comments and rate attorneys.
https://www.eff.org/press/releases/eff-files-suit-block-threats-aimed-lawyer-ratings-site

--Complaint: Ratings, Inc. v. Adrian Philip Thomas, P.A.
https://www.eff.org/document/complaint-6

SCPA of Upstate New York v. American Working Collies Association

STATUS: State court rejects defamation case on February 9, 2012.

N.Y.: State's top court rejects defamation case
Albany Times-Union
The state's highest court ruled Thursday that the Vermont-based president of a nonprofit dog association cannot be sued in New York for alleged defamatory comments posted on her group's website about the SPCA of Upstate New York.... "It is of importance that the statements were not written in or directed to New York," wrote Chief Judge Jonathan Lippman in his majority opinion. "While they were posted on a medium that was accessible in this state, the statements were equally accessible in any other jurisdiction."


Opinion: SCPA of Upstate New York v. American Working Collies Association
http://www.nycourts.gov/ctapps/Decisions/2012/Feb12/6opn12.pdf

Obsidian Finance Group v. Cox

UPDATE: Appeals Court overturns decision against blogger.


9th.Cir.: Appeals Court Overturns Defamation Award Against Blogger
Los Angeles Times
An appeals court unanimously overturned a defamation award against a blogger Friday, ruling that 1st Amendment protections for traditional news media extend to individuals posting on the web.
http://www.latimes.com/local/la-me-blogger-1st-amendment-20140118%2C0%2C3524030.story#axzz2qxac8PR6


Opinion: http://cdn.ca9.uscourts.gov/datastore/opinions/2014/01/17/12-35238.pdf




UPDATE: District Court affirm original decisions, finding Cox liable for $2.5 million in damages.

D.Ore.: Investigative Blogger Must Pay $2.5 Million
Courthouse News Service
A self-described investigative blogger must pay a financial company $2.5 million for a single post in which she accused it of tax fraud, after a federal judge refused to grant her request for a new trial.
http://www.courthousenews.com/2012/03/29/45154.htm

>>Opinion: Obsidian Finance Group v. Cox
 http://www.courthousenews.com/2012/03/29/CoxOrder.pdf

 
STATUS: Jury found Cox liable for defamation in December of 2011. The EFF filed a brief to reinstate the case on January 11, 2012.

Ore. Dist.: Oregon Defamation Decision Could Chill Free Speech
Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) urged an Oregon district court in a friend-of-the court brief to overturn a multi-million dollar defamation verdict against a blogger that could chill free speech.
https://www.eff.org/press/releases/oregon-defamation-decision-could-chill-free-speech

>>Amicus Brief: Obsidian Finance Group v. Cox
https://www.eff.org/sites/default/files/filenode/coxamicus.pdf

Jones v. Dirty World Entertainment Recordings, LLC

UPDATE (6.17.14)


STATUS: 6th Circuit rules the dirty.com not liable.


6th.Cir.: The Dirty.com Not Liable for Defamatory Posts on Site
Washington Post ( Eugene Volokh)
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/06/16/thedirty-com-not-liable-for-defamatory-posts-on-the-site/


UPDATE (5.11.2012)

STATUS: 6th Circuit Court of Appeals rules that cheerleader can proceed with defamation suit on May 9, 2012.

6th. Cir.: Ben-Gal Case Can Proceed
Cincinnatti Enquirer
The 6th Circuit Coirt of Appeals ruled that 2011 Ben-Gals Cheerleader Sarah Jones can proceed with her defamation lawsuit against theDirty.com.
http://nky.cincinnati.com/apps/pbcs.dll/article?AID=/AB/20120509/NEWS010704/305090138/

Order:
http://www.medialaw.org/images/medialawdaily/dirty_world_entertainment.pdf



STATUS: An order ruling against the defendant was delivered on January 10, 2012.

E. D.Ky.: The Dirty denied 47 USC 230 Immunity
Technology & Marketing Law Blog (Eric Goldman)
A Kentucky judge rejected 47 USC 230 for the thedirty.com for third party content.
http://blog.ericgoldman.org/archives/2012/01/thedirty_denied.htm

Order: Jones v. Dirty World Entertainment Recordings, LLC
http://www.scribd.com/doc/77817530/Jones-v-Dirty-World-Denial-of-Defendant-s-Summary-Judgment-Motion

Mendez v. Barstoolsports.com

STATUS: Lawsuit filed on December 5, 2011.

N.J. Super: Man Claims Sports Blog Defamed Him
Courthouse News
A man claims that the popular blog Barstoolsports.com defamed him by publishing his name and a photo under the headline "Jersey City Pedophile Lose His $4Million Lotto Ticket, Sues the Whole World".
http://www.courthousenews.com/2011/12/19/42339.htm

Complaint: Mendez v. Barstoolsports.com
http://www.courthousenews.com/2011/12/19/Barstool.pdf

Giordano v. Xcentric Ventures et al

STATUS: Appeals Court rules that website need not take defamatory comments down on December 28, 2011.

Fla.App.: Defamed Business Can't Force Comment Off the Web
News Services of Florida
A website that allows users to post opinions about businesses without regard to whether the opinions are "true" may be appalling in its invitation to slander businesses, but it doesn't have to take the post down, a appeals court ruled.
http://www.jaxdailyrecord.com/showstory.php?Story_id=535291

Opinion: Giordano v. Xcentric et al
http://www.3dca.flcourts.org/Opinions/3D11-0707.pdf

Miller, et al v. Junior Achievement of Central Indiana Inc, et al


Miller, et al v. Junior Achievement of Central Indiana, et al


UPDATE: Court of Appeals dismisses Star's appeal of local judge's order in December 2012.

Ind.App,: Court Dismisses Indy Star's Appeal
South Ben Tribune
The state Court of Appeals has dismissed the Indy Star's appeal of a local judge's order requiring it to identify a person who made anonymous comments on its website that a former executive of Junior Achievement of Central Indiana contends were defamatory.
http://www.southbendtribune.com/news/sbt-court-dismisses-indy-stars-appeal-20121211,0,4489800.story?track=rss


STATUS: Appeal filed June 27, 2011

Ind. App.: Court weighs online commenter's rights
Indianapolis Star
The Indianapolis Star went to court to protect the identity of an online commenter named in a defamation suit.
http://www.theindychannel.com/news/29980839/detail.html

Ind. Super.: Order compelling discovery
http://indianalawblog.com/documents/2-23-11%20Order%20Compelling%20Discovery-Indy%20Star.pdf

Ind. App.: Brief of Appelant
https://www.eff.org/files/miller_appellant_brief.pdf

Biro v. Conde Nast, et.al

UPDATE (8/13/2012)

STATUS: District judge dismisses 20 out of the 24 charges brought in original suit.

S.D.N.Y.: Judge Peels the Paint Off Art Analyst's Case
Courthouse News
A Canadian art authenticator does not have as strong of a case as he thought over an article in the New Yorker that implicates his as a fraud, a federal judge ruled.
http://www.courthousenews.com/2012/08/13/49202.htm

Opinion: Biro v. Conde Nast
http://www.courthousenews.com/2012/08/13/Biro.pdf


Biro v. Conde Nast, et.al

STATUS: Complaint amended to include more defendants on December 5, 2011.

S.D.N.Y.: Gawker brought into New Yorker fracas
Courthouse News
A Canadian art authenticator has cast a wider net in his defamation lawsuit against the New Yorker, hoping to ream Gawker and about a half-dozen other media outlets and websites that publicized the magazine's original coverage.
http://www.courthousenews.com/2011/12/12/42167.htm

Amended Complaint: Biro v. Conde Nast, et.al
http://www.courthousenews.com/2011/12/12/nyer.pdf

Pippen v. Comcast Corp.

Pippen v. Comcast Corp.

STATUS: Complaint filed on December 13, 2011.

N.D.III: Scottie Pippen sues over Bankruptcy Report filing
Courthouse News
Former Bulls star Scottie Pippen claims Comcast and General Electric, owners of NBC Universal and CNBC.com, defamed him and cost him endorsements by falsely claiming he had been declared bankrupt
http://www.courthousenews.com/2011/12/14/In_Brief.htm#42239

Complaint: Pippen v. Comcast Corp.
http://www.courthousenews.com/2011/12/14/Pippen.pdf

Righthaven v. Center for Intercultural Organizing

UPDATE

STATUS: Attempts by Righthaven to overturn "fair use" decisions against it were refuted on
January 13, 2012.

9th Cir.: Copyright Troll Refuted in Fair Use Appeal
PC World
Attempts by Righthaven to overturn two fair use decisions against it were opposed in federal court by such prominent voices as the Electronic Frontier Foundation, Google, Public Knowledge and the Digital Media Law Project at Harvard.
https://www.pcworld.com/article/248207/copyright_troll_refuted_in_fair_use_appeal.html

>>Brief Amici Curiae: Righthaven v. Center for Intercultural Organizing
https://www.eff.org/sites/default/files/filenode/googerighthavencioamicus.pdf



STATUS: Summary judgement was granted in favor of the Defendants on April 22, 2011.

9th Cir.: Righthaven asks Appeals Courts to revive lawsuits
MediaPost
Copyright enforcement outfit Righthaven is asking a federal appeals court to reinstate its copyright infringement lawsuit against a nonprofit that posted an entire article from the Las Vegas Review-Journal.
http://www.mediapost.com/publications/article/163007/righthaven-asks-appeals-court-to-revive-lawsuits.html

>>Righthaven's opening Brief:
http://www.medialaw.org/Content/NavigationMenu/Publications1/MLRC_MediaLawDaily/Attachments3/Righthaven_9thCirOpening.pdf

>>Decision:
http://ia600506.us.archive.org/21/items/gov.uscourts.nvd.75299/gov.uscourts.nvd.75299.38.0.pdf

Lee v. Makhnevich

STATUS: Complaint filed in NY Federal Court on November 29, 2011

S.D.N.Y.: Toothache lawsuit may stifle medical gag orders against online rants
MSNBC
Lawyers for Robert Lee, 42, this week asked a New York federal court to declare that dentist Stacey Makhnevich's contract, which effectively tries to gag patient's reviews, is unethical, invalid, and illegal.
http://vitals.msnbc.msn.com/_news/2011/11/30/9124107-toothache-lawsuit-may-stifle-medical-gag-orders-against-online-rants

>>Complaint
http://mlrc.informz.net/z/cjUucD9taT0xOTYxMjI0JnA9MSZ1PTEwMzMyOTU4MDEmbGk9OTIxODMwOA/index.html

Hopkins v. Doe #1

STATUS: Plaintiff's Motion to Amend was denied and Defendant Topix's Motion to Dismiss was granted on November 28, 2011.

N.D.Ga.: Fraud Allegations Don't Trump 47 USC 230
Technology & Marketing Law Blog ( Eric Goldman)
This lawsuit related to allegedly defamatory statements that Does made about Hopkins on Topix. Topix naturally invoked 47 USC 230, and the court easily concludes that it qualifies for immunity.
http://blog.ericgoldman.org/archives/2011/11/fraud_allegatio.htm

>>Order: Hopkins v. Doe #1
http://www.scribd.com/doc/74316988/Hopkins-v-Doe

>>See also: Complaint
http://www.themountainsvoice.com/exposed/DefamationComplaint.pdf

Stone v. Paddock Productions, Inc.

Stone v. Paddock Productions, Inc.

STATUS: The Illinois Court of Appeals overturned a lower court ruling on November 17, 2011.

Ill. App.: Illinois Appellate Court Upholds Anonymity of Online Critic of Political Candidate
Electronic Frontier Foundation
The Illinois Court of Appeals today overturned a lower court ruling that had ordered the disclosure of the identity of an anonymous online critic of a political candidate, ruling that the First Amendment prevented such "fishing expeditions" undertaken by "those easily offended by online commentary."
https://www.eff.org/press/releases/illinois-appellate-court-upholds-anonymity-online-critic-political-candidate

Opinion: Stone v. Paddock Productions, Inc.
https://www.eff.org/sites/default/files/filenode/stonevpaddock-opinion-111711.pdf

Darm v. Craig

UPDATE (10/12/11)

STATUS: Darm and Craig reached a settlement in Oregon's first Twitter-based defamation case.

Ore.: Blogger, Dr.Darm settle landmark Twitter lawsuit
Portland Tribune
http://www.portlandtribune.com/news/story.php?story_id=131846715288885300


STATUS: Complaint filed in August 2011.

Or.Cir.: Be careful what you tweet, it just might get you sued
KATU News
A local woman is being sued by a doctor for $1 million and what's interesting about it is that it is likely Oregon's first Twitter-based defamation.
http://www.katu.com/news/local/128428913.html

--Complaint: Darm v. Craig
http://www.medialaw.org/Content/NavigationMenu/Publications1/MLRC_MediaLawDaily/Attachments3/Darm_Complaint-2.pdf

Lozada v. Media Take Out

Lozada v. Media Take Out

STATUS:Complaint filed September 29, 2011

Fla.Cir.: "Basketball Wife" Claims She Was Defamed
Courthouse News
A cast member of the reality tv show "Basketball Wives" claims the website Media Take Out defamed her in an article "falsely stating that [she] had cheated on her fiance."
http://www.courthousenews.com/2011/10/05/40307.htm

Complaint: Lozada v. Media Take Out
http://www.courthousenews.com/2011/10/05/BballWives.pdf


M.P. v. Halvorson

STATUS: Complaint filed on September 13, 2011.

Tex. Dist.: 8th-Grade Novelist Accused of Defamation

Courthouse News Service
The Mother of an eighth-grade girl sued her daughter's classmate and his parents, claiming the boy defamed her daughter in a lurid novel he wrote, using classmate's real names, then published online, with help from his parents.
http://www.courthousenews.com/2011/09/16/39832.htm

--Complaint: M.P. v. Halvorson
http://www.courthousenews.com/2011/09/16/KidBook.pdf

Righthaven LLC v. Hoehn



UPDATE (9/18/11)



STATUS: On September 18, 2011, Defendant filed a Motion for Write of Execution against the Plaintiff.




D. Nev.: Copyright Trolls Assets Targeted for Seizure

Wired

The legal woes of Las Vegas-based copyright-trolling firm Righthaven continued Sunday when one of its creditors moved to seize its assets.





-- Motion for Writ of Execution: Righthaven v. Hoehn




UPDATE (9/9/11)

STATUS: On September 9, 2011, Plaintiff moved for a Stay of the Court’s Order and Judgment to pay Defendant’s Attorney's fees and costs.



D. Nev.: Righthaven: We Might Have To Declare Bankruptcy



paidContent
Copyright enforcer Righthaven warned that it cannot afford to pay a defendant $30,000 in legal fees and asked a judge to lift a ruling that prevents it from suing other individuals. And, in a man-bites-dog turn of events, Righthaven warned that the aggressive defendant would try and take the firm’s assets if a stay was not granted.
http://paidcontent.org/article/419-righthaven-we-might-have-to-declare-bankruptcy/






-- Motion for Stay of Judgment Pending Appeal: Righthaven v. Hoehn
http://www.scribd.com/doc/64396098/Righthaven-v-Hoehn-Plaintiff-Righthaven-LLC-s-Motion-for-Stay-of-Judgment-Pending-Appeal


UPDATE (8/16/2011)

STATUS: Defendant's Motion for Attorney's Fees and Costs granted; Plaintiff ordered to pay attorney's fees in the amount of $34,045.50.




D. Nev.: Righthaven rocked, owes $34,000 after "fair use" loss

Ars Technica
In a terse order today, the judge decided that Hoehn had won the case (as the "prevailing party") and "the attorney’s fees and costs sought on his behalf are reasonable."
http://arstechnica.com/tech-policy/news/2011/08/righthaven-rocked-owes-34000-after-fair-use-loss.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss







STATUS: Defendant's motion for summary judgment and motion to dismiss for lack of jurisdiction was granted on June 20, 2011

D. Nev.: Righthaven Loss: Judge Rules Reposting Entire Article Is Fair Use

Wired
A federal judge ruled Monday that publishing an entire article without the rights holder’s authorization was a fair use of the work, in yet another blow to newspaper copyright troll Righthaven. . . “Righthaven did not present any evidence that the market for the work was harmed by Hoehn’s noncommercial use for the 40 days it appeared on the website. Accordingly, there is no genuine issue of material fact that Hoehn’s use of the work was fair and summary judgment is appropriate,” Judge Pro ruled.
http://www.wired.com/threatlevel/2011/06/fair-use-defense/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29&utm_content=Google+Reader

--Order Granting Defendant's Motion for Summary Judgment: Righthaven LLC v. Hoehn
http://randazza.files.wordpress.com/2011/06/righthaven-v-hoehn.pdf


STATUS: Complaint filed Jan 11, 2011

D. Nev.: After 200 Lawsuits Against Sites, Righthaven Targets Online Commenters

paidContent
After suing mostly mom-and-pop web publishers—more than 200 blogs and web sites in all in its 10 months in business—Righthaven last week began suing mere commenters, including Wayne Hoehn, a user who posted an op-ed article at MadJackSports.com . . . The same day, Righthaven sued James Higgins, who posted another apparently copied Las Vegas Review-Journal story into a Google Groups news list. These two suits appear to be the first Righthaven suits against individual who don’t own their own websites.
http://ia700408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.1.0.pdf

--Complaint: Righthaven v. Hoehn
http://ia700408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.1.0.pdf

See also:
--Complaint: Righthaven v. Higgins
http://ia700408.us.archive.org/14/items/gov.uscourts.nvd.78696/gov.uscourts.nvd.78696.1.0.pdf

Varrenti v. Gannett Co.

STATUS: Complaint filed on August 5, 2011

N.Y. Sup.: Anonymous D&C Web posts about cops not defamatory

Democrat & Chronicle
The Democrat and Chronicle does not have to release information about four individuals who anonymously posted Web comments about members of the Brockport police and Brockport Police Chief Daniel Varrenti, a judge has ruled
http://www.democratandchronicle.com/article/20110806/NEWS01/108060315

--Complaint: Varrenti v. Gannett Co.
http://www.medialaw.org/Content/NavigationMenu/Publications1/MLRC_MediaLawDaily/Attachments3/varrenti.pdf

Cooley Law School v. John Doe 1, et al.

UPDATE 4/16/13

STATUS: Court allows defendant to seek dismissal of claim against him. 

Mich.App.: Cooley Lose Loses Bid to Unmask Online Critic on Appeal
National Law Journal
The decision by the Michigan Court of Appeals was the latest in the saga of the blogger Rockstar05 and his former school-Cooley- which is suing him for defamation.
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202595256890&slreturn=20130316111823

Opinion:
http://www.medialaw.org/images/medialawdaily/cooley.pdf


STATUS: Complaint filed on July 14, 2011

Mich. Cir.: Law School Sues New York Law Firm For Defamation

Wall Street Journal
A Michigan law school filed two lawsuits Thursday – one against a New York law firm and another against four anonymous internet commentators – accusing them of defamation. One lawsuit claims that the school has been the victim of ads on Craigslist and Facebook seeking former Cooley law students to join in on a potential class action suit. The second lawsuit claims that four “John Doe” defendants have been blogging and perpetuating online comments damaging to the school’s reputation.
http://blogs.wsj.com/law/2011/07/15/law-school-sues-new-york-law-firm-for-defamation/?mod=WSJBlog

--Complaint: Thomas M. Cooley Law School v. John Doe 1, et al.
http://www.cooley.edu/newsevents/_docs/2011_07_014_Summons_and_Complaint_startpage.pdf

--Complaint: Thomas M. Cooley Law School v. Kurzon Strauss, LLP
http://www.cooley.edu/newsevents/_docs/2011_07_14_Summons_and_Complaint_startpage.pdf

Righthaven LLC v. Democratic Underground

UPDATE (7/15/2011)

STATUS: Judge fined Righthaven $5000 for misleading the court on July 14, 2011

D. Nev.: Righthaven Masquerading as a Company

Vegas Inc.
A judge today fined newspaper copyright lawsuit filer Righthaven LLC of Las Vegas $5,000 for misleading a federal court about its lawsuits. Judge Hunt said Righthaven deliberately failed to disclose the owner of the Las Vegas Review-Journal shares in Righthaven’s lawsuit revenue. But, without explanation, Hunt didn’t sanction any of the Righthaven attorneys that may have been responsible for the misrepresentation.
http://www.vegasinc.com/news/2011/jul/14/judge-fines-righthaven-5000-misleading-court-over-/


STATUS: Order on Request to Unseal entered on March 9, 2011

D. Nev.: Righthaven’s Secret Contract Revealed: Will Its Strategy Collapse?

paidContent
Angered at Righthaven’s behavior, a Las Vegas federal judge unsealed the company’s heretofore confidential agreement with the Las Vegas Review-Journal late on Friday. The contract reveals that the controversial copyright-enforcement company and LV R-J parent company Stephens Media are splitting their net earnings from suing hundreds of bloggers on a 50-50 basis. It also shows that the LV R-J is still largely in control of Righthaven’s litigation strategy—a fact that could end up being ruinous for Righthaven’s campaign of copyright lawsuits.
http://paidcontent.org/article/419-righthavens-secret-contract-is-revealedwill-its-strategy-collapse/

--Order on Request to Unseal: Righthaven LLC v. Democratic Underground
https://www.eff.org/files/filenode/righthaven_v_dem/2-10-cv-01356_93.pdf

--Righthaven’s Contract With Stephens Media
http://www.docstoc.com/docs/76820004/RighthavenContract

See also

--Answer and Counterclaim: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/AnswerandCounterclaim.pdf

--Complaint: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/20100810RighthavenvDemocraticUnderground.pdf