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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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/
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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/
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
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
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
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
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
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
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
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
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
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
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/
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
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
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: 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
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 (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
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
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
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
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
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
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
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
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
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
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
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
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
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
--Order: Righthaven v. Hoehn
http://ia600408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.43.0.pdf
http://ia600408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.43.0.pdf
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
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
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
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
McKee v. Laurion
UPDATE ( 2/1/13)
STATUS: Court of Appeals Decision Revered.
Minnesota Supreme Court: Online Post Calling Doctor "a Real Tool" is Protected Speech
Associated Press
The decision reversed a Minnesota Court of Appeals decision that would have let the doctor's lawsuit proceed to trial.
http://www.twincities.com/minnesota/ci_22483221/minnesota-supreme-court-online-post-calling-doctor-real?source=rss
Opinion:
http://www.mncourts.gov/opinions/sc/current/OPA111154-0130.pdf
UPDATE ( 9/3/12)
STATUS: Minnesota Supreme Court hears oral arguments about whether case should go to trial.
Minn. Sup.:Can You Tag Your Doctor a Tool Online
Star Tribune
http://www.startribune.com/printarticle/?id=168552176
UPDATE (1/27/12)STATUS: Appeals court sends case back to trial.
Minn. App.: Duluth Doctor's Defamation Suit Sent to Jury
The Associated Press
http://minnesota.publicradio.org/display/web/2012/01/24/duluth-doctor-defamation/
>>Opinion: McKee v. Laurion
http://www.mncourts.gov/opinions/coa/current/opa111154-012312.pdf
UPDATE ( 9/15/2011)
UPDATE (7/7/2011)
STATUS: Plaintiff stated on June 25, 2011, that he will appeal
Minn. Dist.: Duluth doctor appealing judge's decision to toss out defamation suit
Duluth News Tribune
A Duluth physician whose defamation suit against a former patient’s son was thrown out of district court said he has no choice but to file an appeal. Dr. David McKee, a neurologist with Northland Neurology and Myology, said he still is being targeted in online attacks related to the lawsuit he filed in June 2010 against Dennis Laurion. . . McKee said a sudden concentration of unfavorable critiques about him cropped up online shortly before Sixth District Judge Eric Hylden dismissed the suit. “It appears that Mr. Laurion made over 100 adverse postings on the Internet once he became aware that he was going to receive a favorable decision on the motion for summary judgment,” McKee said. “Appealing seems to me the only way to curb the activities of this malicious person.”
http://www.duluthnewstribune.com/event/article/id/202704/
STATUS: Defendant's motion for summary judgment granted on April 28th, 2011
Minn. Dist.: Judge Tosses Suit Over Bad Review of Doctor
On Point News
A Minnesota judge has boosted free-speech protections for online commentary by finding a neurologist cannot sue a patient's son over criticisms of his bedside manner that allegedly damaged his professional reputation. Dennis Laurion posted comments on doctor rating websites in which he vented about how Dr. David McKee of Duluth, Minn., treated his father while performing a neurological examination on him. Kenneth Laurion, 83, was recovering from a stroke at a hospital.
http://www.onpointnews.com/NEWS/Judge-Dismisses-Suit-Over-Bad-Review-of-Doctor-s-Work.html
--Decision: McKee v. Laurion
http://www.onpointnews.com/docs/Mckee-v-Laurion.pdf
STATUS: Court of Appeals Decision Revered.
Minnesota Supreme Court: Online Post Calling Doctor "a Real Tool" is Protected Speech
Associated Press
The decision reversed a Minnesota Court of Appeals decision that would have let the doctor's lawsuit proceed to trial.
http://www.twincities.com/minnesota/ci_22483221/minnesota-supreme-court-online-post-calling-doctor-real?source=rss
Opinion:
http://www.mncourts.gov/opinions/sc/current/OPA111154-0130.pdf
UPDATE ( 9/3/12)
STATUS: Minnesota Supreme Court hears oral arguments about whether case should go to trial.
Minn. Sup.:Can You Tag Your Doctor a Tool Online
Star Tribune
http://www.startribune.com/printarticle/?id=168552176
UPDATE (1/27/12)STATUS: Appeals court sends case back to trial.
Minn. App.: Duluth Doctor's Defamation Suit Sent to Jury
The Associated Press
http://minnesota.publicradio.org/display/web/2012/01/24/duluth-doctor-defamation/
>>Opinion: McKee v. Laurion
http://www.mncourts.gov/opinions/coa/current/opa111154-012312.pdf
UPDATE ( 9/15/2011)
STATUS: Date scheduled for Oral Argument at Minnesota Court of Appeals.
--Notice of Oral Argument
http://macsnc.courts.state.mn.us/ctrack/docket/docketEntry.do?action=edit&deID=586764&csNameID=71108&csIID=78382--Notice of Oral Argument
UPDATE (7/7/2011)
STATUS: Plaintiff stated on June 25, 2011, that he will appeal
Minn. Dist.: Duluth doctor appealing judge's decision to toss out defamation suit
Duluth News Tribune
A Duluth physician whose defamation suit against a former patient’s son was thrown out of district court said he has no choice but to file an appeal. Dr. David McKee, a neurologist with Northland Neurology and Myology, said he still is being targeted in online attacks related to the lawsuit he filed in June 2010 against Dennis Laurion. . . McKee said a sudden concentration of unfavorable critiques about him cropped up online shortly before Sixth District Judge Eric Hylden dismissed the suit. “It appears that Mr. Laurion made over 100 adverse postings on the Internet once he became aware that he was going to receive a favorable decision on the motion for summary judgment,” McKee said. “Appealing seems to me the only way to curb the activities of this malicious person.”
http://www.duluthnewstribune.com/event/article/id/202704/
STATUS: Defendant's motion for summary judgment granted on April 28th, 2011
Minn. Dist.: Judge Tosses Suit Over Bad Review of Doctor
On Point News
A Minnesota judge has boosted free-speech protections for online commentary by finding a neurologist cannot sue a patient's son over criticisms of his bedside manner that allegedly damaged his professional reputation. Dennis Laurion posted comments on doctor rating websites in which he vented about how Dr. David McKee of Duluth, Minn., treated his father while performing a neurological examination on him. Kenneth Laurion, 83, was recovering from a stroke at a hospital.
http://www.onpointnews.com/NEWS/Judge-Dismisses-Suit-Over-Bad-Review-of-Doctor-s-Work.html
--Decision: McKee v. Laurion
http://www.onpointnews.com/docs/Mckee-v-Laurion.pdf
Shiamili v. Ardor Realty Corp.
UPDATE (6/16/2011)
STATUS: Order granting defendant's motion to dismiss affirmed on June 15, 2011
N.Y.: Blog not liable for defamatory comment: NY high court
Reuters
In a 4-3 ruling, the Court of Appeals held that the Communications Decency Act shields the Real Estate Group of New York Inc., or TREGNY, from liability for defamation and unfair competition against Ardor Realty Corp, because TREGNY was the blog's administrator, not the author of the comments in question.
http://online.wsj.com/article/AP492fbaaa0ed545868e86fbdece67f921.html
--Decision: Shiamili v. Ardor Realty Corp.
http://www.courts.state.ny.us/CTAPPS/Decisions/2011/Jun11/105opn11.pdf
See also:
--New York Appellate Court Opinion: Shiamili v. Ardor Realty Corp.
http://www.courts.state.ny.us/Reporter/3dseries/2009/2009_09403.htm
STATUS: Order granting defendant's motion to dismiss affirmed on June 15, 2011
N.Y.: Blog not liable for defamatory comment: NY high court
Reuters
In a 4-3 ruling, the Court of Appeals held that the Communications Decency Act shields the Real Estate Group of New York Inc., or TREGNY, from liability for defamation and unfair competition against Ardor Realty Corp, because TREGNY was the blog's administrator, not the author of the comments in question.
http://online.wsj.com/article/AP492fbaaa0ed545868e86fbdece67f921.html
--Decision: Shiamili v. Ardor Realty Corp.
http://www.courts.state.ny.us/CTAPPS/Decisions/2011/Jun11/105opn11.pdf
See also:
--New York Appellate Court Opinion: Shiamili v. Ardor Realty Corp.
http://www.courts.state.ny.us/Reporter/3dseries/2009/2009_09403.htm
Too Much Media, LLC v. Hale, No. L2736-08 (N.J. Super. 2008).
UPDATE (6/8/2011)
STATUS: Decided on June 7, 2011
N.J.: New Jersey Supreme Court holds that Online posters don’t have same source protections as mainstream journalists
The Associated Press
The New Jersey Supreme Court says people posting opinions online don’t have the same protections for sources as mainstream journalists. The court ruled Tuesday that New Jersey’s shield law for journalists does not apply to online message boards.
http://www.washingtonpost.com/business/nj-supreme-court-online-posters-dont-have-same-source-protections-as-mainstream-journalists/2011/06/07/AGM349KH_story.html
--Decision: Too Much Media Hale, LLC v. Hale
http://www.judiciary.state.nj.us/opinions/supreme/A710TooMuchMediavHale.pdf
UPDATE (4/22/2010)
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 Oprano 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, and in March a panel of appellate judges heard her appeal. On April 22, the Appellate Division confirmed, noting that "the fact of presenting information on a new, different medium, even if capable of reaching a wider audience more readily, does not make it 'news,' for purposes of qualifying for the newsperson's privilege. Simply put, new media should not be confused with news media."
Links and Case Documents:
June 30, 2009 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
N.J. appeals court hears arguments over whether blogger is protected by shield laws, NJ.com, Mar. 2, 2010
Apr. 22, 2010 Decision: http://pdfserver.amlaw.com/nj/Media-a0964-09.pdf
STATUS: Decided on June 7, 2011
N.J.: New Jersey Supreme Court holds that Online posters don’t have same source protections as mainstream journalists
The Associated Press
The New Jersey Supreme Court says people posting opinions online don’t have the same protections for sources as mainstream journalists. The court ruled Tuesday that New Jersey’s shield law for journalists does not apply to online message boards.
http://www.washingtonpost.com/business/nj-supreme-court-online-posters-dont-have-same-source-protections-as-mainstream-journalists/2011/06/07/AGM349KH_story.html
--Decision: Too Much Media Hale, LLC v. Hale
http://www.judiciary.state.nj.us/opinions/supreme/A710TooMuchMediavHale.pdf
UPDATE (4/22/2010)
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 Oprano 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, and in March a panel of appellate judges heard her appeal. On April 22, the Appellate Division confirmed, noting that "the fact of presenting information on a new, different medium, even if capable of reaching a wider audience more readily, does not make it 'news,' for purposes of qualifying for the newsperson's privilege. Simply put, new media should not be confused with news media."
Links and Case Documents:
June 30, 2009 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
N.J. appeals court hears arguments over whether blogger is protected by shield laws, NJ.com, Mar. 2, 2010
Apr. 22, 2010 Decision: http://pdfserver.amlaw.com/nj/Media-a0964-09.pdf
Asia Economic Institute v. Xcentric Ventures LLC
STATUS: Defendant's motion for summary judgment granted on May 4, 2011
C.D. Cal.: Ripoff Report Gets Another Big 47 USC 230 Win
Technology and Marketing Blog (Eric Goldman)
Keeping alive its truly remarkable winning streak, Ripoff Report got yet another decisive 47 USC 230 victory. This challenge came from Asia Economic Institute (AEI), suing over 6 posts to Ripoff Report from former AEI employees complaining about the work environment. The case raised some eyebrows last summer when the judge gave AEI a chance to plead a RICO claim. That ruling got some plaintiffs excited that a conspiracy theory might finally expose Ripoff Report to liability. No matter, as it turns out, because AEI still lost on summary judgment.
http://blog.ericgoldman.org/archives/2011/06/ripoff_report_g_2.htm
--Opinion: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/54737754/Asia-Economic-Institute-v-Xcentric-Summary-Judgment
See also
--Order Granting In Part Defendants' Motion for Summary Judgment: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/35081047/AEI-v-Xcentric-Summary-Judgment-Ruling
--First Amended Complaint: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/35081088/AEI-v-Xcentric-First-Amended-Complaint
C.D. Cal.: Ripoff Report Gets Another Big 47 USC 230 Win
Technology and Marketing Blog (Eric Goldman)
Keeping alive its truly remarkable winning streak, Ripoff Report got yet another decisive 47 USC 230 victory. This challenge came from Asia Economic Institute (AEI), suing over 6 posts to Ripoff Report from former AEI employees complaining about the work environment. The case raised some eyebrows last summer when the judge gave AEI a chance to plead a RICO claim. That ruling got some plaintiffs excited that a conspiracy theory might finally expose Ripoff Report to liability. No matter, as it turns out, because AEI still lost on summary judgment.
http://blog.ericgoldman.org/archives/2011/06/ripoff_report_g_2.htm
--Opinion: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/54737754/Asia-Economic-Institute-v-Xcentric-Summary-Judgment
See also
--Order Granting In Part Defendants' Motion for Summary Judgment: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/35081047/AEI-v-Xcentric-Summary-Judgment-Ruling
--First Amended Complaint: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/35081088/AEI-v-Xcentric-First-Amended-Complaint
Huon v. Above the Law
STATUS: Complaint filed on May 6, 2011
N.D. Ill.: Lawyer Sues Legal Blog (Above the Law) for $50M Over Rape Story
Forbes (Blogs)
Getting publicly accused of committing rape is bad enough. Getting publicly accused of committing multiple rapes is considerably worse. Is the difference between the first and the second worth $50 million? That’s how much Chicago attorney Meanith Huon is seeking in damages from Above The Law, a legal-industry gossip blog, and its parent company, Breaking Media. Huon filed suit on May 6 in a federal district court in Illinois, claiming that an erroneous blog post has caused him emotional distress, destroyed his reputation and hurt his ability to find employment.
http://blogs.forbes.com/jeffbercovici/2011/05/11/lawyer-sues-legal-blog-for-50m-over-rape-story/
--Complaint: Huon v. Above the Law
http://docs.justia.com/cases/federal/district-courts/illinois/ilndce/1:2011cv03054/255448/1/
N.D. Ill.: Lawyer Sues Legal Blog (Above the Law) for $50M Over Rape Story
Forbes (Blogs)
Getting publicly accused of committing rape is bad enough. Getting publicly accused of committing multiple rapes is considerably worse. Is the difference between the first and the second worth $50 million? That’s how much Chicago attorney Meanith Huon is seeking in damages from Above The Law, a legal-industry gossip blog, and its parent company, Breaking Media. Huon filed suit on May 6 in a federal district court in Illinois, claiming that an erroneous blog post has caused him emotional distress, destroyed his reputation and hurt his ability to find employment.
http://blogs.forbes.com/jeffbercovici/2011/05/11/lawyer-sues-legal-blog-for-50m-over-rape-story/
--Complaint: Huon v. Above the Law
http://docs.justia.com/cases/federal/district-courts/illinois/ilndce/1:2011cv03054/255448/1/
Righthaven LLC v. Choudhry
STATUS: Defendants’ motion to dismiss, or in the alternative, motion for judgment on the pleadings, or in the alternative, motion for summary judgment was denied and plaintiff's motion to dismiss, or in the alternative, to strike the declaratory relief counterclaim was also denied on May 3, 2011
D. Nev.: Another Defense-Favorable Righthaven Ruling
Technology and Marketing Law Blog (Eric Goldman)
This lawsuit involves the "Vdara Death-Ray" image published in the Las Vegas Review-Journal, which has been the basis of numerous Righthaven lawsuits . . . Choudhry argues that the image appeared on his site as an in-line link (permissible under Perfect 10 v. Amazon) and via an automated process that lacked volition. The court rejects Choudhry's motions for judgment on the pleadings and summary judgment on those points, saying that the judge wants to understand the technology better before ruling on it. On fair use, the court says . . . As a matter of law, the defendant's use doesn't harm Righthaven's market. The latter point is a biggie. The fourth fair use factor is often considered the most important, and the court is treating it as presumptively weighing against Righthaven in all cases. The court is basically doing the same with the transformative nature of the works. If those two considerations automatically weigh against Righthaven in every case, Righthaven will have a tough time defeating any fair use defense.
http://blog.ericgoldman.org/archives/2011/05/another_defense.htm
--Order: Righthaven LLC v. Choudhry
http://www.scribd.com/doc/54552379/Righthaven-v-Choudhry-May-3-Order
See also
--Defendants' Answer and Counterclaim: Righthaven LLC v. Choudhry
http://www.lynnmediagroup.com/righthaven/2011-01-19-pakorg-counterclaim.pdf
--Defendants' Motion to Dismiss: Righthaven LLC v. Choudhry
http://ia700309.us.archive.org/26/items/gov.uscourts.nvd.78188/gov.uscourts.nvd.78188.9.0.pdf
--Complaint: Righthaven LLC V. Choudhry
Not available
D. Nev.: Another Defense-Favorable Righthaven Ruling
Technology and Marketing Law Blog (Eric Goldman)
This lawsuit involves the "Vdara Death-Ray" image published in the Las Vegas Review-Journal, which has been the basis of numerous Righthaven lawsuits . . . Choudhry argues that the image appeared on his site as an in-line link (permissible under Perfect 10 v. Amazon) and via an automated process that lacked volition. The court rejects Choudhry's motions for judgment on the pleadings and summary judgment on those points, saying that the judge wants to understand the technology better before ruling on it. On fair use, the court says . . . As a matter of law, the defendant's use doesn't harm Righthaven's market. The latter point is a biggie. The fourth fair use factor is often considered the most important, and the court is treating it as presumptively weighing against Righthaven in all cases. The court is basically doing the same with the transformative nature of the works. If those two considerations automatically weigh against Righthaven in every case, Righthaven will have a tough time defeating any fair use defense.
http://blog.ericgoldman.org/archives/2011/05/another_defense.htm
--Order: Righthaven LLC v. Choudhry
http://www.scribd.com/doc/54552379/Righthaven-v-Choudhry-May-3-Order
See also
--Defendants' Answer and Counterclaim: Righthaven LLC v. Choudhry
http://www.lynnmediagroup.com/righthaven/2011-01-19-pakorg-counterclaim.pdf
--Defendants' Motion to Dismiss: Righthaven LLC v. Choudhry
http://ia700309.us.archive.org/26/items/gov.uscourts.nvd.78188/gov.uscourts.nvd.78188.9.0.pdf
--Complaint: Righthaven LLC V. Choudhry
Not available
Righthaven LLC v. Jama
STATUS: Summary judgment granted for defendant on April 22, 2011
D. Nev.: Righthaven Suffers Blow in Copyright Crusade
Courthouse News Service
A federal judge blasted Righthaven's copyright-collection business model in a ruling that says an Oregon nonprofit was justified through fair use to post an article by the Las Vegas Review Journal. "[Righthaven's] litigation strategy has a chilling effect on potential fair uses of Righthaven-owned articles, diminishes public access to the facts contained therein, and does nothing to advance the Copyright Act's purpose of promoting artistic creation," U.S. District Judge James Mahan ruled Friday.
http://www.courthousenews.com/2011/04/25/36074.htm
--Decision: Righthaven LLC v. Jama
http://www.courthousenews.com/2011/04/25/Righthaven%20loss%20Nevada.pdf
D. Nev.: Righthaven Suffers Blow in Copyright Crusade
Courthouse News Service
A federal judge blasted Righthaven's copyright-collection business model in a ruling that says an Oregon nonprofit was justified through fair use to post an article by the Las Vegas Review Journal. "[Righthaven's] litigation strategy has a chilling effect on potential fair uses of Righthaven-owned articles, diminishes public access to the facts contained therein, and does nothing to advance the Copyright Act's purpose of promoting artistic creation," U.S. District Judge James Mahan ruled Friday.
http://www.courthousenews.com/2011/04/25/36074.htm
--Decision: Righthaven LLC v. Jama
http://www.courthousenews.com/2011/04/25/Righthaven%20loss%20Nevada.pdf
In re John Does 1 and 2
STATUS: Decided April 15, 2011
Tex.: Google doesn't have to disclose Southeast Texas bloggers identities, Texas Supreme Court says
Beaumont Enterprise
An order to compel Internet giant Google to disclose the identity of two anonymous bloggers accused of defaming a Southeast Texas private detective and blogger has been struck down by the Texas Supreme Court. Phillip R. Klein sued Google to learn the identity behind two blogs, OperationKleinwatch and SamTheEagleUSA, that directed satire and criticism at him. Klein sought their identities to pursue claims of copyright infringement, defamation, conspiracy and invasion of privacy against them.
http://www.beaumontenterprise.com/news/article/Google-doesn-t-have-to-disclose-Southeast-Texas-1342330.php
--Opinion: In re John does 1 and 2
http://www.supreme.courts.state.tx.us/historical/2011/apr/100366.htm
Tex.: Google doesn't have to disclose Southeast Texas bloggers identities, Texas Supreme Court says
Beaumont Enterprise
An order to compel Internet giant Google to disclose the identity of two anonymous bloggers accused of defaming a Southeast Texas private detective and blogger has been struck down by the Texas Supreme Court. Phillip R. Klein sued Google to learn the identity behind two blogs, OperationKleinwatch and SamTheEagleUSA, that directed satire and criticism at him. Klein sought their identities to pursue claims of copyright infringement, defamation, conspiracy and invasion of privacy against them.
http://www.beaumontenterprise.com/news/article/Google-doesn-t-have-to-disclose-Southeast-Texas-1342330.php
--Opinion: In re John does 1 and 2
http://www.supreme.courts.state.tx.us/historical/2011/apr/100366.htm
Sherrod v. Breitbart
UPDATE (2/6/12)
STATUS: Appellate panel puts case on hold and asks District Judge for statement of reasoning for ruling.
D.C. Circuit Wants Answers From Trial Judge On Denial Of Anti-SLAPP Motion
Blog of LegalTimes
In July, U.S. District Judge Richard Leon issued a series
of two-sentence orders denying blogger Andrew Breitbart's motions to dismiss a
defamation lawsuit against him in Washington federal court. The U.S. Court of
Appeals for the D.C. Circuit, which is considering Breitbart's appeal of those
orders, wants more.
--Order: Sherrod v. Breitbart
http://legaltimes.typepad.com/files/2-6-12-order.pdf
UPDATE (4/20/2011)
STATUS: Defendant filed a motion to dismiss on April 18, 2011
D.D.C.: Andrew Breitbart Argues for Dismissal, Challenges Venue in Sherrod Lawsuit
The Blog of LegalTimes
In a slew of new filings yesterday [April 18, 2011] in the libel lawsuit brought by former U.S. Department of Agriculture official Shirley Sherrod against conservative blogger Andrew Breitbart, Breitbart and one of his co-defendants argued for a dismissal or, at the very least, a change of venue. . . In a joint motion for dismissal filed yesterday [April 18, 2011] in U.S. District Court for the District of Columbia, Breitbart and co-defendant Larry O’Connor, who works with Breitbart, claim that in lodging accusations of racism against Sherrod based on her comments in the clip, they were engaging in protected speech under the First Amendment.
http://legaltimes.typepad.com/blt/2011/04/andrew-breitbart-argues-for-dismissal-challenges-venue-in-sherrod-lawsuit.html
--Defendant's Motion to Dismiss: Sherrod v. Breitbart
http://legaltimes.typepad.com/files/motion-to-disimss-or-transfer-venue.pdf
STATUS: Complaint filed Feb 11, 2011
D.C. Super.: Former USDA Employee Sues Conservative Blogger Over Video Posting
CNN
A former Department of Agriculture employee who was forced to resign last year after the posting of a misleading video has filed suit against Andrew Breitbart, the conservative blogger who posted it. Shirley Sherrod's suit was filed in District of Columbia Superior Court on Friday. The civil suit accuses Breitbart of "defamation, false light and infliction of emotional distress," according to a statement issued by the law firm representing her.
http://www.cnn.com/2011/POLITICS/02/14/sherrod.lawsuit/index.html?section=cnn_latest
--Complaint: Sherrod v. Breitbart
http://www.talkingpointsmemo.com/documents/2011/02/shirley-sherrods-dc-superior-court-libel-complaint-against-andrew-breitbart.php?page=1
STATUS: Appellate panel puts case on hold and asks District Judge for statement of reasoning for ruling.
D.C. Circuit Wants Answers From Trial Judge On Denial Of Anti-SLAPP Motion
Blog of LegalTimes
In July, U.S. District Judge Richard Leon issued a series
of two-sentence orders denying blogger Andrew Breitbart's motions to dismiss a
defamation lawsuit against him in Washington federal court. The U.S. Court of
Appeals for the D.C. Circuit, which is considering Breitbart's appeal of those
orders, wants more.
--Order: Sherrod v. Breitbart
http://legaltimes.typepad.com/files/2-6-12-order.pdf
UPDATE (4/20/2011)
STATUS: Defendant filed a motion to dismiss on April 18, 2011
D.D.C.: Andrew Breitbart Argues for Dismissal, Challenges Venue in Sherrod Lawsuit
The Blog of LegalTimes
In a slew of new filings yesterday [April 18, 2011] in the libel lawsuit brought by former U.S. Department of Agriculture official Shirley Sherrod against conservative blogger Andrew Breitbart, Breitbart and one of his co-defendants argued for a dismissal or, at the very least, a change of venue. . . In a joint motion for dismissal filed yesterday [April 18, 2011] in U.S. District Court for the District of Columbia, Breitbart and co-defendant Larry O’Connor, who works with Breitbart, claim that in lodging accusations of racism against Sherrod based on her comments in the clip, they were engaging in protected speech under the First Amendment.
http://legaltimes.typepad.com/blt/2011/04/andrew-breitbart-argues-for-dismissal-challenges-venue-in-sherrod-lawsuit.html
--Defendant's Motion to Dismiss: Sherrod v. Breitbart
http://legaltimes.typepad.com/files/motion-to-disimss-or-transfer-venue.pdf
STATUS: Complaint filed Feb 11, 2011
D.C. Super.: Former USDA Employee Sues Conservative Blogger Over Video Posting
CNN
A former Department of Agriculture employee who was forced to resign last year after the posting of a misleading video has filed suit against Andrew Breitbart, the conservative blogger who posted it. Shirley Sherrod's suit was filed in District of Columbia Superior Court on Friday. The civil suit accuses Breitbart of "defamation, false light and infliction of emotional distress," according to a statement issued by the law firm representing her.
http://www.cnn.com/2011/POLITICS/02/14/sherrod.lawsuit/index.html?section=cnn_latest
--Complaint: Sherrod v. Breitbart
http://www.talkingpointsmemo.com/documents/2011/02/shirley-sherrods-dc-superior-court-libel-complaint-against-andrew-breitbart.php?page=1
Righthaven LLC v. Dibiase
UPDATE (4/20/2011)
STATUS: Order granting defendant's motion to dismiss in part
D. Nev.: Blog Won't Change Hands Despite Plagiarism Claim
Courthouse News Service
The copyright holder Righthaven cannot take over a website dedicated to "no body" murder cases to satisfy charges that the site plagiarized a Las Vegas newspaper article, a federal judge ruled. . .The company claimed that DiBiase published an article from the Las Vegas Review Journal on his website without permission, and requested a court order transferring control of DiBiase's domain name to Righthaven.
http://www.courthousenews.com/2011/04/19/35929.htm
STATUS: Counterclaim Filed Oct. 29, 2010
D.Nev.: Free Speech Group Files Counterclaim Against Copyright Enforcement Firm
Las Vegas Sun
The counterclaim says there was no infringement of a Review-Journal story that was displayed on the www.nobodycases.com website [owned by Dibiase] because the display was protected by the fair use doctrine of copyright law. The attorneys say that’s partly because the story at issue is still available for free on the Review-Journal website while Righthaven has no plans to use the story in ways copyright holders normally do — by reproducing it, making derivative works of it or selling, leasing or publicly displaying it.
http://www.lasvegassun.com/news/2010/oct/30/free-speech-group-files-counterclaim-against-copyr/
--Counterclaim: Righthaven LLC v. Dibiase
http://www.scribd.com/doc/40515497/DiBiase-Answer-and-Counterclaim
See also:
D.Nev.: Criminal Justice Blog Battles Copyright Troll
Electronic Frontier Foundation
DiBiase was sued by Righthaven for copyright infringement of a Review-Journal news story about a "no body" case, with Righthaven demanding control of the No Body Murder Cases website as well as $75,000 in damages.
https://www.eff.org/press/archives/2010/11/01
--Complaint: Righthaven LLC v. Dibiase
http://www.eff.org/files/filenode/righthaven_v_dib/DiBiaseComplaint.pdf
STATUS: Order granting defendant's motion to dismiss in part
D. Nev.: Blog Won't Change Hands Despite Plagiarism Claim
Courthouse News Service
The copyright holder Righthaven cannot take over a website dedicated to "no body" murder cases to satisfy charges that the site plagiarized a Las Vegas newspaper article, a federal judge ruled. . .The company claimed that DiBiase published an article from the Las Vegas Review Journal on his website without permission, and requested a court order transferring control of DiBiase's domain name to Righthaven.
http://www.courthousenews.com/2011/04/19/35929.htm
STATUS: Counterclaim Filed Oct. 29, 2010
D.Nev.: Free Speech Group Files Counterclaim Against Copyright Enforcement Firm
Las Vegas Sun
The counterclaim says there was no infringement of a Review-Journal story that was displayed on the www.nobodycases.com website [owned by Dibiase] because the display was protected by the fair use doctrine of copyright law. The attorneys say that’s partly because the story at issue is still available for free on the Review-Journal website while Righthaven has no plans to use the story in ways copyright holders normally do — by reproducing it, making derivative works of it or selling, leasing or publicly displaying it.
http://www.lasvegassun.com/news/2010/oct/30/free-speech-group-files-counterclaim-against-copyr/
--Counterclaim: Righthaven LLC v. Dibiase
http://www.scribd.com/doc/40515497/DiBiase-Answer-and-Counterclaim
See also:
D.Nev.: Criminal Justice Blog Battles Copyright Troll
Electronic Frontier Foundation
DiBiase was sued by Righthaven for copyright infringement of a Review-Journal news story about a "no body" case, with Righthaven demanding control of the No Body Murder Cases website as well as $75,000 in damages.
https://www.eff.org/press/archives/2010/11/01
--Complaint: Righthaven LLC v. Dibiase
http://www.eff.org/files/filenode/righthaven_v_dib/DiBiaseComplaint.pdf
Subscribe to:
Posts (Atom)
Posts
