Essent PRMC, L. P. v. John Does 1-10, No. 76357 (Tex. Dist. Ct., 62nd Dist. (Lamar County) filed June 19, 2007).
Status: Pending; request to identify anonymous blogger re-filed

The corporate owner of the Paris Regional Medical Center in Paris, Tex. sued the blogger who goes by the alias Frank Pasquale and “fac_p,” and posts to a blog named “the-paris-site” (the-paris-site.blogspot.com), alleging defamation and violations of patient privacy provisions of the Health Insurance Portability and Accountability Act (HIPPA). Posts on the blog accused the hospital of various improprieties, including Medicare fraud. As part of the suit, the hospital subpoenaed the blog owners’ Internet service provider to reveal the blogger’s name. The trial court granted that request, but an appeals court held that Essent must meet a higher standard of proof before it could discover the blogger’s identity. In Re Does 1-10, 242 S.W.3d 805 (Tex. App.-Texarkana Dec. 12, 2007). The result is that Essent was permitted to renew its request after it obtains more.information; the motion is still pending.

Links and Court Documents:
Docket: http://68.89.102.225/Scripts/UVlink.isa/lamar/WEBSERV/CivilSearch?action%253Dview%26track%253D65369
Appellate decision denying disclosure: http://www.6thcoa.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=9055
http://www.cyberslapp.org/cases/page.cfm?pageID=76
http://www.chron.com/disp/story.mpl/metropolitan/5377838.html
http://www.theparisnews.com/story.lasso?ewcd=682838f39bee1784
http://www.theparisnews.com/story.lasso?ewcd=07f53629d08b1219
http://www.theparisnews.com/story.lasso?ewcd=acbc503b3da6c582
http://www.statesman.com/news/content/news/stories/local/09/21/0921blogsuit.html?cxtype=rss&cxsvc=7&cxcat=52
http://chron.com/disp/story.mpl/metropolitan/5149745.html
http://theparisnews.com/story.lasso?ewcd=4f11e481650ad4cd

Denner v. Gillenwater, No. 05-5469 (Mass. Super., Suffolk County 2008).
Status: Temporary restraining order issued (Oct. 10, 2008).

Derrick Gillenwater sued lawyers Jeffrey Denner and Kevin Barron for malpractice, and began blogging about the case at his blog (jeffreydenner.blogspot.com, now defunct). The attorneys then sought a temporary restraining order against Gillenwater’s blogging, which the court granted on Oct. 10, 2008. Gillenwater continued to post to the blog, and on Oct. 21 another judge held that he had violated the restraining order by continuing to publish the blog, replacing the name “Jeffrey Denner" with "Geoffrey Dinnir." Meanwhile, another blog – the “Jeffrey Denner's ineffective assistance of counsel” blog (dennerlaw.blogspot.com) – appeared. Denner sent a copy of the court order to Google, which shut down the blog on Dec. 1. But the site was restored after the pseudonymous blogger behind the site, "Boston Bob," told Google that he was not Gillenwater.

Links and Court Documents:
Case information: http://www.citmedialaw.org/threats/denner-v-gillenwater
Restraining order: http://www.keepandshare.com/doc/view.php?id=943151&da=
http://www.citmedialaw.org/blog/2008/mystery-blogger-caught-first-amendment-flap

Odelson v. Doe, No. 2007-L-008807 (Ill. Cir. Ct., Cook County filed Aug. 21, 2007).
Status: Pending

Attorneys Burton Odelson and Mark Sterk sued over statements in the anonymous Proviso Insider blog (provisoinsider.blogspot.com; no archive before 2008) that they were going to be indicted for advising a local school board member on how to lie to a grand jury. Although originally filed against a John Doe defendant, the plaintiffs amended the suit to claim that the statements were written by District 209 School Board President Emanuel "Chris" Welch. While Welch says that he contributes to the blog, he denies writing the statements at issue in the suit. On June 26, 2008, Welch filed his own suit against Odelson and Sterk, as well as his former employer, alleging that they conspired to fire him after removing Odelson and Sterk’s law firm as counsel to the school board.

Links and Court Documents:
Docket: https://w3.courtlink.lexisnexis.com/cookcounty/Finddock.asp?DocketKey=CAAH0L0AAIIAH0LD
http://www.prairiestateblue.com/showDiary.do?diaryId=3382
http://forestparkreview.com/main.asp?SectionID=3&SubSectionID=3&ArticleID=2849&TM=76073.96
http://www.chicagotribune.com/news/local/chi-proviso-legal-fees_24jun24,0,1234016.story
http://forestparkreview.com/main.asp?SectionID=1&SubSectionID=38&ArticleID=3304&TM=29435.78
http://provisoinsider.blogspot.com/2008/06/proviso-board-president-chris-welch_26.html
Matteo v. Rubin, No. 07-CV-2536 (N.D. Ill. filed 2007)
Status: Settled

In 2006, Melanie Rubin hired Steven Matteo to photograph her wedding. After the event, Matteo gave Rubin unedited copies of all 1,500 digital pictures that he took. Howard Rubin, the father of the bride, then contacted Matteo with complaints about the quality of the photographs. Matteo attempted to contact Melanie Rubin about the complaints, but he never received a response. In January 2007, Howard Rubin began creating various websites, entitled “Why Not to Hire an Inept Photographer,” which showed several of the wedding photographs and criticized Matteo’s work. Matteo sued for copyright infringement, defamation, false light invasion of privacy, interference with prospective business advantage. On Dec. 3, 2007, the court denied Rubin’s motion to dismiss these claims. (Matteo v. Rubin, 2007 WL 4294734 (N.D.Ill. Dec. 3, 2007). On April 8, the suit was dismissed pursuant to a settlement.


Links and Court Documents:
http://dockets.justia.com/docket/court-ilndce/case_no-1:2007cv02536/case_id-208708/
Fix Wilson Yard et al. v. City of Chicago et al., No. 08 CH 45023 (Ill. Cir. Ct., Cook Co. subpoenas filed Jan. 12, 2009).
Status: Pending.

In connection with a lawsuit filed by a community group in opposition to a redevelopment plan for the Wilson Yard area of Chicago, the developer subpoenaed Google for information regarding two anonymous Chicago-based blogs (www.uptownupdate.com; www.whatthehelen.com), and two additional websites operated by the neighborhood block club (www.buenaparkneighbors.org and www.uncchicago.org). The subpoenas ask for all documents pertaining to the six Uptown residents named as plaintiffs in the original lawsuit. In addition, the neighborhood organizations were asked to turn over all posts, in any form, relating to the Wilson Yard development.


Links and Court Documents
:
http://www.citmedialaw.org/threats/holsten-v-uptown-update-and-what-helen
Docket: https://w3.courtlink.lexisnexis.com/cookcounty/FindDock.asp?NCase=2008-CH-45023&SearchType=0&Database=3&case_no=&=&=&=&PLtype=1&sname=&CDate=
Jaeger v. Okon, No. 07-L-004940 (Ill Cir. Ct., Cook Co. filed May 11, 2007).
Status: Confidential monetary settlement

In response to frustration with a development project managed by plaintiff James Jaeger and his development company, defendants Joy and Tom Okon published several critical blog posts on the
North Center Neighbors blog, northcenterneighbors.blogspot.com. Jaeger brought suit for defamation based on these posts, as well as e-mails, which alleged corrupt business dealings. The case was settled, on undisclosed terms, outside of court while a motion to dismiss under the Illinois’ recently-enacted anti-SLAPP statute, the Citizen Participation Act, was pending.

Links and Court Documents
:
http://www.citmedialaw.org/threats/jaeger-v-okon
http://chicagojournal.com/main.asp?SectionID=48&SubSectionID=141&ArticleID=4724&TM=39096.86
Eastwood v. Goodman, No. ______ (Ill. Cir. Ct., Kane County filed Nov. 2007).
Status: Unknown

The owners of a court reporting company sued a woman who had worked as a court reporter for the company, after she began a blog titled “Let’s Stop Eastwood-Stein,” (stopeastwood-stein.blogspot.com) stating that she was never paid, and soliciting similar stories from others. The fate of the case is unknown, but the blog has been removed.

Links and Court Documents:
http://www.citmedialaw.org/threats/bescr-v-goodman
http://www.dailyherald.com/story/?id=79395&src=5
Dominick v. MySpace, No. 2008L005191 (Ill. Cir. Ct., Cook Co. filed May 12, 2008)
Status: Dropped by plaintiff.

Larry Dominick, town president of Cicero, Ill., filed a petition seeking an order requiring MySpace to reveal the author of two fake profiles of him, which he alleges included defamatory comments and privacy violations. He dropped the case after the Electronic Frontier Foundation submitted an amicus brief in the case, arguing that the petition did not demonstrate a viable legal claim sufficient to overcome the poster’s First Amendment right to anonymity.

Links and Court Documents:
http://www.eff.org/press/archives/2008/06/13
Case information and documents: http://www.eff.org/cases/dominick-v-my-space
Doe v. Fortuny, No. 08-CV-1050 (N.D. Ill. filed Feb. 20, 2008).
Status: Default for plaintiff (entered Nov. 12, 2008); damages hearing pending.

In August, 2008 Jason Fortuny posted a fake advertisement on website craigslist.com, posing as a women seeking a brutal and dominant male sexual partner. The anonymous plaintiff was one of over 100 men who allegedly responded to the ad. Plaintiff sought $75,000 in damages and an injunction for copyright infringement and invasion of privacy, claiming that Fortuny had published the photos and contact information of those who responded to the ad on the website www.encyclopediadramatica.com, as well as to his personal blog, rfjason.com. The court granted the plaintiff a default verdict after the defendant did not respond to motions in a timely manner; a damages hearing is pending.

Links and Court Documents:
http://www.citmedialaw.org/threats/doe-v-fortuny
In re Subpoena Issued Pursuant to The Digital Millennium Copyright Action To: 43SB.Com, LLC, No. MS-07-6236, 2007 WL 4335441 (D. Idaho Dec. 7, 2007)
Status: Subpeona for information to reveal anonymous bloggers quashed in part


In a posting on the 43rd State Blues / Democrats for Idaho blog (www.43rdstateblues.com), an anonymous blogger with the pseudonym “Tom Paine,” posted comments reporting the “unverified” “rumor” that court documents showed “a deliberate series of payoffs for questionable expenses & honoraria to US Senator Larry Craig” by Melaleuca, Inc.

Melaleuca sent a letter to the website’s administrator demanding that the posting be removed. The original posting was removed, but the demand letter itself was posted on the site by someone with the pseudonym “d2.”

Melaleuca then sent a letter to the host of the website, seeking removal of the letter. The letter cited the Digital Millennium Copyright Act of 1998 (“DMCA”), which allows copyright holders to demand that website hosts removed copyrighted material posted by users to a website. Melaleuca also sought the identity of “Tom Paine.”

On June 7, 2007, Melaleuca sent a pre-litigation subpoena to counsel for the website owner, demanding the production of all server logs and other information that could be used to identify “Tom Paine” and “d2.” 43SB filed a motion to quash the subpoena with the federal district court., which partially denied the motion to quash as to “sb”, thus requiring 43SB to reveal the information that could be used to identify “sb” (who had posted the takedown demand letter). But the court also partially granted the motion in regards to information regarding “Tom Paine,” since that person’s posting – the original rumors – were not subject to the DMCA takedown provisions.

Links and Court Documents:

http://www.citmedialaw.org/blog/2007/court-rejects-bid-use-dmca-bypass-first-amendment-protection-anonymous-speech
http://blog.ericgoldman.org/archives/2007/12/takedown_letter.htm
http://www.addict3d.org/news/265332/Copyright,%20Defamation,%20Bloggers,%20DMCA,%20Safe%20Harbors,%20Cease-And-Desists%20And%20Anonymity...%20Oh%20My!
District Court opinion partially granting motion to quash subpoena: http://www.citmedialaw.org/sites/citmedialaw.org/files/2007-11-16-Report%20and%20Recommendation%20of%20Magistrate%20Judge%20--%20District%20of%20Idaho.pdf

Smith v. Wal-Mart Stores, Inc., Civil No. 06-526 (N.D. Ga. filed March 6, 2006).

Status: Summary judgment granted to plaintiff, 537 F.Supp.2d 1302 (March 21, 2008).

After Wal-Mart threatened to sue Charles Smith over his use of Wal-Mart’s name, logos and similar-looking logos on his web sites criticizing the company, (www.walocaust.com and www.walqaeda.com), Smith filed suit, seeking a declaratory judgment that his uses did not violate Wal-Mart’s copyrights. Both parties moved for summary judgment, and Wal-Mart sought transfer of the URLs to its control. The court granted summary judgment to Smith, and denied Wal-Mart’s motion, holding that Smith’s use of Wal-Mart’s trademarks were parodies, protected under the “fair use” copyright doctrine, and would not lead to confusion.

Links and Court Documents:

http://insidebusiness.freedomblogging.com/2008/03/21/wal-mart-as-bad-as-al-qaida/

http://www.law.com/jsp/article.jsp?id=1206441810175

http://www.ajc.com/business/content/metro/atlanta/stories/2008/03/25/walmart_0326.html

Decision granting summary judgment: http://www.citizen.org/documents/WalmartDecision.pdf

Complaint and other court documents: http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=206

Fulbright & Jaworski v. EarthLink Legal Dept., No. 07-MI-0097 (N.D. Ga. filed 2007).
Status: Dismissed.

In an effort pursue copyright claims against an anonymous blogger who posted several questions from the 2006 Multistate Bar Examination on the “Tab and Brandy” blog (tabandbrandy.blogspot.com; now removed), the organization that creates the exam (the National Conference of Bar Examiners) subpoenaed Google (owner of the Blogger service that hosted the blog) to obtain the blogger’s IP address. After obtaining the address, the conference’s law firm filed suit against Earthlink, identified through the IP address as the blogger’s Internet service provider, to identify the blogger. The case was dismissed the same day it was filed; it is unclear whether Eartlink provided the information.

Links and Court Documents:
http://www.citmedialaw.org/national-conference-bar-examiners-v-earthlink
http://www.law.com/jsp/article.jsp?id=1176973462175
Fisher & Phillips, LLP v. Doe, Civil No. 05-01719 (N.D. Ga. dismissed Nov. 10, 2005)
Status: Dismissed

Atlanta-based employment law firm Fisher & Phillips LLP sued five "John Does," claiming they published "false and malicious communications" about the firm on the Internet. (The complaint did not identify the web sites at issue.) The firm agreed to dismissal of the case after the court cited it for failure to effectuate service of process.

Links and Court Documents:
http://www.bizjournals.com/atlanta/stories/2005/07/18/newscolumn2.html?from_rss=1
Banks v. Milum, No. _____ (Ga. Super. Ct. verdict for plaintiff Jan. 27, 2006), aff’d, 283 Ga.App. 864, 642 S.E.2d 892 (Ga. App. March 5, 2007), cert. denied (Ga. June 4, 2007).
Status: $50,000 award for plaintiff affirmed

NOTE: This is the first case against a true blogger of which MLRC is aware that has gone to trial and resulted in a liability verdict.

Attorney Rafe Banks III sued political activist David Milum for statements made on his website on local politics in Forsyth County, Georgia, aboutforsyth.com (under new management). Several postings on the site alleged that Banks had delivered bribes from drug dealers to a now-deceased judge. After a four-day trial and six hours of deliberation, the jury awarded Banks $50,000 in compensatory damages, but no punitive damages. After the verdict, Milum said that someone else was taking over the web site. On appeal, the verdict was affirmed.

Links and Court Documents:
http://www.citmedialaw.org/banks-v-milum
http://www.forsythnews.com/news/stories/20060129/localnews/61856.shtml
http://www.forsythnews.com/news/stories/20060129/opinion/61864.shtml
http://www.forsythnews.com/news/stories/20060125/localnews/60583.shtml
http://www.law.com/jsp/article.jsp?id=1173363835339
http://www.forsythnews.com/news/stories/20070308/localnews/160529.shtml
Appellate decision: http://www.dailyreportonline.com/Editorial/PDF/PDF%20Archive/A06A2_394.pdf

Waters v. Miller, No. 2006 CA 002690 SC (Fla. Cir. Ct. settled Jan. 2007).

Status: Settled?

High school teacher Lee Waters is suing over sexual comments posted along with her photo by a North Port High School student on his MySpace profile page. The student was suspended from school, and other disciplinary action was taken. The case was dismissed, apparently due to a settlement, in January 2007.

Links and Court Documents:

http://www.theledger.com/apps/pbcs.dll/article?AID=/20060423/NEWS/604230392/-1/NEWS0101

Case docket: http://www.clerk.co.sarasota.fl.us/srqapp/civdetail.asp?tb_searchby=Name&tb_searchfor=2006+CA+002690+SC

Vision Media TV Group v. Richard, Civil No. 08-80797 (S.D. Fla. filed July 17, 2008).
Status: Withdrawn by plaintiff.


Vision Media TV Group allegedly contacted Leslie Richard, saying that it would feature her eco-friendly fashion business in a report to be aired on PBS and CNN. But then the company told Richard that she would have to pay $22,900 in production fees and $3,000 in airfare. Richard wrote about the incident on her blog for her business, the Oko Box blog, http://oko-organic-clothing.blogspot.com/, calling it a “scam.” The television company then filed suit, but dropped the case in October 2008.

Links and Court Documents:

http://www.citmedialaw.org/threats/vision-media-tv-group-v-richard
http://www.mountainx.com/news/2008/local_business_owner_sued_for_20_million_over_blog_post
http://oko-organic-clothing.blogspot.com/2008/07/vision-media-sues-oko-box-for-5-million.html
Complaint: http://www.mountainx.com/files/vmtlawsuit.pdf

U.S. v. Batiste, et al., Crim. No. 06-20373 (S.D. Fla. indictment June 22, 2006).

Status: Gag order modified; Appeal of gag order dismissed by court

Attorney David O. Markus writes the Southern District of Flordia blog (sdfla.blogspot.com) focusing on cases and news involving the court. One of the cases he blogged about was the “Liberty City” prosecution of seven individuals accused to plotting to blow up the Sears Tower in Chicago. After a jury trial in December 2007; the jury deadlocked on six of the defendants, but acquitted Lygleson Lemorin of all charges. After his acquittal, the government continued to hold Lemorin on immigration charges, and moved for his deportation. In anticipation of a retrial, District Judge Joan Lenard issued a gag order preventing the remaining defendants and their attorneys from discussing the case publicly; she also extended the gag order to Lemorin and his attorney, Joel DeFabio. When Marcus, the blogger, appeared in court on behalf of DeFabio to challenge the gag order, Judge Lenard extended the order to apparently cover him and his blog as well. Markus sought a clarification, and then filed a petition with the 11th Circuit Court of Appeals to have the order lifted (In Re: Lyglenson Lemorin, No. 08-10348-E (11th Cir. filed Jan. 24, 2008). On Jan. 28, Judge Lenard modified the order to apply only to the terrorism case -- in which Lemorin was acquitted and he would now be a witness-- but not the pending immigration case. In light of this ruling, the 11th Circuit dismissed the petition.

Links and Court Documents:

http://www.dailybusinessreview.com/news.html?news_id=46858

http://sdfla.blogspot.com/2008/01/gag-order-lifted-in-part.html

http://sdfla.blogspot.com/2008/01/gagged.html

11th Circuit petition: http://www.dailybusinessreview.com/images/news_photos/46826/SUIT001.PDF

Veranda Partners LLC v. Giles, No. 07 CA 2622 (Fla. Cir. Ct ., Orange County filed March 13, 2007).
Status: Summary judgment granted; blogger awarded $180,000 for attorney fees

The developer of a community in central Florida sued area resident Larry Giles over his website, www.verandaparknews.com (now archived at here), criticizing the development’s spending and landscaping. Giles responded with a motion to dismiss the suit under Florida’s anti-SLAPP statute and a counterclaim for abuse of process. After plaintiffs changed attorneys and then did pursue the case, the defense renewed its motions, which the court granted. The court also entered a default verdict on the counterclaims, awarding Giles triple his attorney’s fees, a total of $180,407.69, under Florida’s anti-SLAPP statute.

Links and Court Documents:

http://www.citmedialaw.org/veranda-partners-v-giles-lawsuit
http://www.orlandosentinel.com/news/local/orange/orl-mgiles2807mar28,0,2382483.story?coll=orl-home-headlines
http://www.orlandosentinel.com/orl-slapp0707apr07,0,7548827.story
Complaint: http://mworlando.files.wordpress.com/2007/05/complaint-veranda-giles.pdf
Answer: http://mworlando.files.wordpress.com/2007/05/answer.pdf
Defendant’s counter-claims: http://mworlando.files.wordpress.com/2007/05/counterclaim.pdf
Other case documents: http://mworlando.wordpress.com/the/; also http://randazza.wordpress.com/2007/04/13/an-ongoing-defamation-suit/; http://www.verandaparknews.com/
Final default judgement against plaintiff: http://www.citmedialaw.org/sites/citmedialaw.org/files/2008-09-11-Final%20Default%20Judgment%20Against%20Veranda%20Partners.pdf

Thompson v. Gelin, No.___ (Fla. Bar complaint filed Oct. 31, 2008).

Status: No action taken

Recently disbarred attorney Jack Thompson filed a complaint with the Florida bar against attorney William Gelin, publisher of the JAABlog (http://jaablog.jaablaw.com/), alleging that the site “traffics in rumors, gossip, and scandal about members of the legal community.” A letter of inquiry was sent to Gelin on December 5, 2008, but no further action has been taken.

Links and Court Documents:

http://www.citmedialaw.org/threats/thompson-v-gelin

http://justicebuilding.blogspot.com/2008/12/norm-kent-defends-bill-gelin.html

Scheff v. Bock, No. CACE03022837 (Fla. Cir. Ct. default verdict Sept. 19, 2006).
Status: $11.3 million default award for plaintiff


The owner of a company that consults parents of troubled teenagers won $11.3 million against the mother of such a child for her postings on various web sites disparaging the consultancy. The woman posted the comments after the company had helped her remove her sons from a school operated by the World Association of Specialty Programs and Schools, but had refused to put the woman in touch with other students who alleged sexual abuse at schools operated by the association. Although the defendant initially appeared in the suit, she later defaulted. After a trial on damages, the jury awarded $6.3 million in compensatory and $5 million in punitive damages. The defendant subsequently challenged the default award, but it was upheld on July 25, 2007.

Links and Court Documents:

http://www.citmedialaw.org/scheff-v-bock

http://www.usatoday.com/tech/news/2006-10-10-internet-defamation-case_x.htm

http://newsbusters.org/node/8240

http://www.webwire.com/ViewPressRel.asp?aId=21761 (an opinionated reaction to the case)

http://www.morelaw.com/verdicts/case.asp?n=Unknown&s=FL%20%20%20%20%20%20%20%20&d=32035

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/05/06/MNGBEPM57J1.DTL&hw=reputation&sn=012&sc=575

Opera Tower LLC v. Lechuga, No. 2008-3086-CA-01 (Fla. Cir. Ct., Miami-Dade County filed Jan. 22, 2008).

Status: Dismissed by plaintiff

The developer of the Opera Tower condominium sued Miami real estate agent and blogger Lucas Lechuga for statements on the Miami Condo Investments blog (http://blog.miamicondoinvestments.com/) about the project. The blog initially stated that several contracts for sale of apartments in Opera Tower were likely to not close, and that developer Tibor Hollo had filed for bankruptcy in the 1980s. After the suit was filed, that blog entry was removed and a modified version posted. Lechuga’s employer, Miami real estate firm Esslinger-Wooten-Maxwell, was also named as a defendant; the firm fired Lechuga after the suit was filed. In January 2009, the plaintiff dropped the case.

Links and Court Documents:

http://www.miamicondoinvestments.com/2008/01/29/opera-tower-llc-tibor-hollo-sues-me-for-25m/

http://www.miamiherald.com/business/story/397182.html

http://cbs4.com/video/?id=46869@wfor.dayport.com
http://www.miamiherald.com/business/story/856198.html

Docket: http://www.miami-dadeclerk.com/civil/docketinfo.asp?pCase_Year=2008&pCase_Seq=3086&pCase_Code=CA&pCase_Loc=01&id=AAAA8tAAHAAAoW/AAx

Complaint: http://media.miamiherald.com/smedia/2008/01/28/20/Complaint.Revised.source.prod_affiliate.56.pdf

Odyssey Marine Exploration Inc v. McManus, No. 07-CA-011305 (Fla. Cir. Ct., Hillsborough County filed Sept. 5, 2007)
Status: Pending

Odyssey Marine Exploration, which explores and recovers shipwrecks and precious cargo, sued blogger Jim McManus over comments he posted on his web site and on stock bulletin boards claiming that the company overstated the value of its latest find. The case was stayed on Sept. 28, 2008, after the defendant filed for bankruptcy.

Links and Court Documents:
http://www.timesonline.co.uk/tol/news/uk/article2801122.ece
http://www.bizjournals.com/tampabay/stories/2007/11/19/story1.html
Docket: http://publicrecord.hillsclerk.com/oridev/criminal_pack.doc?pcSearchMode=CS&pcCaseId=07-CA-011305&pnCnt=1

New School of Orlando, Inc. v. McSween, Civil No. 2007-CA-014312-O (Fla. Cir. Ct., Orange County filed Oct. 28, 2007).

Status: Settled

A private school sued the mother of a former student over comments criticizing the school that the mother posted on her AOL Hometown web site (apparently hometown.aol.com/sayno2newschool/, no longer operational). After receiving a letter threatening legal action over the comments, Sonjia McSween moved her comments to a new site (parentalmusings.blogspot.com/), then another (www.myspace.com/parentalmusings). In February 2008, the parties apparently reached a settlement.

Links and Court Documents:

http://www.wftv.com/news/14603642/detail.html?rss=orlc&psp=irresistible

Case docket: http://www.myorangeclerk.com/myclerk/CaseDetails.aspx?ID=5554180

Ligonier Ministries, Inc. v. Vance, No. ________ (Fla. Cir. Ct., Seminole County filed Aug. 2006).
Status: Dismissed at request of plaintiff.

A religious organization sued a critic, Frank Vance, for comments posted on his blog about the group and its leaders at vancetribe.blogspot.com. The religious group also sought a court order prohibiting additional postings. The organization dropped the case in late September 2006.

Links and Court Documents:
http://www.citmedialaw.org/ligonier-ministries-v-vance
http://ministrywatchman.com/wp-content/uploads/orlando_sentinel092906.html
http://www.orlandosentinel.com/news/local/seminole/orl-blog0506sep05,0,931489.story?track=rss
http://www.worldmagblog.com/blog/archives/026345.html
Complaint: http://ministrywatchman.com/wp-content/uploads/Ligonier_Ministries_v_Vance_complaint.pdf
Plaintiff’s emergency motion for ex parte hearing: http://ministrywatchman.com/wp-content/uploads/Ligonier_Ministries_vs_Vance_Ex_Parte.pdf

Lexington Homes, Inc. v. Siskind, No. 2004-CA01018 (No. 04-CA-1018WS-G) (Fla. Cir. Ct., Pasco County dismissed March 2006).

Status: Dismissed

A housing developer sued the creator a web site (www.bad-lexingtonhomesinc.net; no longer active) that criticized the quality of its homes, saying that it led to decreased sales. The court granted the defendant’s motion to dismiss on jurisdictional grounds, since the defendants are not Florida residents (they live in New York, but own property in Florida). The company filed an appeal, which it later dropped.

Links and Court Documents:

http://www.citmedialaw.org/lexington-homes-v-siskind

http://www.legaline.com/2006/03/florida-court-dismisses-web-defamation.html

http://www.sptimes.com/2004/05/01/Hernando/Builder_sues_man_for_.shtml

Order dismissing case: http://www.citmedialaw.org/sites/citmedialaw.org/files/2005-11-02-Order%20Granting%20Motion%20to%20Dismiss.pdf

Johnson v. Tucker Max, No 2003 CA 004867 (Fla. Cir. Ct. removed to federal court June 6, 2003); Civil No. 03-80515 (S.D. Fla. dismissed July 2003).

Status: Dismissed by plaintiff

Plaintiff, formerly Miss Vermont and Miss Vermont U.S.A., sued over postings on the tuckermax.com blog in which the author recounted his alleged sexual exploits with her. Initially, a Florida state court judge issued a temporary injunction against continued availability of the postings. After the injunction was lifted, the case was removed to federal court. The plaintiff then voluntarily dismissed the case.

Links and Court Documents:

http://www.citmedialaw.org/johnson-v-tucker-max

http://www.tuckermax.com/archives/entries/the_almost_banned_miss_vermont_story.phtml

http://www.tuckermax.com/archives/images/tuckernytimesweb.pdf

http://maroon.uchicago.edu/news/articles/2003/05/16/college_graduate_tuc.php

Initial complaint: http://www.tuckermax.com/images/Complaint%20for%20Injunctive%20Relief%20and%20Damages.PDF

Internet Solutions Corp. v. Marshall, Civil No. 07-1740, 2008 WL 958136 (M.D. Fla., Apr. 7, 2008).
Status: Dismissed


Internet Solutions Corporation (ISC), which operates various websites on employment recruiting and Internet advertising, sued blogger Tabatha Marshall after her site,
www.tabathamarshall.com, claimed that ISC was operating a “phishing” scam. (“Phishing” is the illicit practice of acquiring sensitive personal and financial information, such as usernames, passwords and credit card information, by assuming an apparently trustworthy identity online.) The company sued Marshall, a resident of Washington state, in federal court in Florida, where it is based. But the court dismissed the case on jurisdictional grounds, holding that Marshall’s blog did not have sufficient “purposeful contacts” with Florida to allow the federal court to hear the case.

Links and Court Documents:
http://www.citmedialaw.org/threats/internet-solutions-v-marshall
http://randazza.wordpress.com/2008/04/08/md-fla-internet-jurisdiction-case-internet-solutions-corporation-v-marshall/
Order dismissing case: http://randazza.files.wordpress.com/2008/04/isc-v-marshall.pdf
Hunt v. Patten, No. 2006 CA 002857 SC (Fla. Cir. Ct., Sarasota County filed March 29, 2006).
Status: Pending.


Former Venice, Fla. city manager sued veniceflorida.com writer John Patten, alleging that Patten helped spread lies about him that led him to be fired from the Venice, Fla.position and have kept him from getting a similar job elsewhere.

Links and Court Documents:

http://www.citmedialaw.org/hunt-v-patten
http://www.venicegondolier.com/NewsArchive3/033106/tp1vn6.htm
http://www.venicegondolier.com/Newsstory.cfm?pubdate=070407&story=tp2vn5.htm&folder=NewsArchive3
http://www.veniceflorida.com/features/pleaforhelp.htm
http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20060409/COLUMNIST36/604090344/-1/COLUMNIST
Complaint: http://www.veniceflorida.com/features/pdf/HuntVsPattenComplaint.pdf
Docket: http://www.clerk.co.sarasota.fl.us/srqapp/civdetail.asp?tb_searchfor=2006+CA+002857+SC&tb_searchby=Case+Number&cb_search=Search
Evans v. Bayer, Civil No. 08-61952 (S.D. Fla. filed Dec. 8, 2008).
Status: Motion to dismiss pending.


Katherine Evans was suspended for three days from Pembroke Pines Charter high school in November 2007 after she created a Facebook page that criticized one of her teachers as “the worst teacher she had ever had,” and solicited comments about the teacher. Evans’ site received three comments supporting the teacher, and she removed the page. A defense motion to dismiss, filed in March 2009, is pending.


Links and Court Documents:
http://www.splc.org/newsflash.asp?id=1845
ACLU press release: http://www.aclufl.org/news_events/?action=viewRelease&emailAlertID=3689
Complaint: http://www.aclufl.org/pdfs/evans_complaint.pdf

Haberman v. Rhoad, No. 2006 DR 007754 SC (Fla. Cir. Ct., Family Div. Sarasota County injunction issued Sept. 7, 2006).

Status: Injunction modified to specify web sites covered (Jan. 29, 2008).

Kristen Rhoad, who accuses her ex-husband Phil Haberman of abuse and of falsifying his military record, posted several statements about him on her blog, rhoadwarrior.blogspot.com (no longer active), and several other web sites and some newspapers have posted and published similar materials regarding Haberman’s alleged exaggerations of his military experience. Haberman filed a complaint alleging that the statements on Rhoad’s blog and elsewhere were cyberstalking under Florida law, and constituted domestic violence. The judge agreed, and issued a standard injunction barring Rhoad from contacting Haberman or committing any violence against him, and also ordered a psychiatric evaluation of Rhoad. In a section of the form labeled “other provisions regarding contact,” the judge handwrote into injunction the order that Rhoad to “remove, or cause to remove, all blogs, e-mails or other web-based communications to [Haberman] or third parties that refer to [Haberman], and which are posted, or caused to be posted, by [Rhoad].” Rhoad filed a motion to dissolve the injunction on jurisdictional grounds, but the motion was denied. Nevertheless, Rhoad continued to update her site, and was no effort to enforce the order against other sites. In January 2007, the judge ordered Rhoad to appear on charges of civil contempt. Although she faxed two requests for an adjournment, the hearing was held and a warrant was issued for her arrest. This led the blog to be removed. In January 2008, the court modified the order at Haberman’s request to name the specific web sites involved, which he said was necessary to have the content removed.

Links and Court Documents:

http://www.citmedialaw.org/haberman-v-rhoad

http://www.pressofatlanticcity.com/news/story/6760022p-6629130c.html

http://www.spokesmanreview.com/blogs/spot/archive.asp?postID=3994

http://sarasota.creativeloafing.com/gyrobase/Content?oid=oid%3A112941

http://sarasota.creativeloafing.com/gyrobase/Content?oid=oid%3A114918

Difrawi v. Henderson, No. 6:07-CV-1854 (M.D. Fla. filed Nov. 21, 2007).

Status: Referred to mediation.

Plaintiff brought suit individually and on behalf of Internet Solutions Corp. for defamation and false light invasion of privacy, among other torts, for comments posted on a variety of online sources, including Tampabay.com’s Money Talk blog (http://blogs.tampabay.com/money/, no longer updated). The comments are claimed to infer that plaintiffs participated in fraud and on-going criminal conduct. In January 2009, the case was referred to mediation.

Links and Court Documents:

http://www.citmedialaw.org/threats/difrawi-v-henderson

Bell v. Shah, Civil No. 06-21063 (S.D. Fla. settled June 26, 2007).

Status: Settled for apology and $10,000

Plaintiff Joel Bell, who serves as a manager for several professional sports players, sued a writer for the website draftcity.com (which closed when the legal action was threatened) for items on the site disparaging Bell. Ruling on a motion to dismiss, the federal court in Connecticut held that it lacked personal jurisdiction over the defendant, a Florida resident, even though the website was set up and registered by a one-time Connecticut resident. The federal court in Connecticut (see above) moved the case to the federal court in southern Florida. The parties eventually settled.

Links and Court Documents:
http://www.citmedialaw.org/bell-v-shah
http://www.realgm.com/boards/viewtopic.php?t=379483&view=next&sid=e9b32f008e98909a27989cb35a3f1f98

Docket available at https://ecf.flsd.uscourts.gov/cgi-bin/iqquerymenu.pl?124513 (PACER log-in required)

Steinbach v. Cutler, Civil No. 05-00970 (D.D.C. filed May 16, 2005).
Status: Motion to dismiss denied in part (April 4, 2006); case stayed due to defendant’s bankruptcy.


In May 2004, Captial Hill aide Jessica Culter published a pseudonymous blog (washingtonienne.blogspot.com; no longer existent, but archived at washingtoniennearchive.blogspot.com) detailing her sexual escapades, identifying several men only by their initials.

Cutler's blog became a widespread story after it was publicized on another blog, wonkette.com, and Cutler was fired.

Robert Steinbach filed suit on May 18, 2005, saying that he was one of the men whose initials were given in the blog, but that other identifying information was included. Ruling on a motion to dismiss, the court held that the one-year statute of limitations on in the District of Columbia applied, and that this barred claims for all but one of the blog postings. Steinbach’s effort to add Ann Marie Cox, operator of the Wonkette site, as a defendant was rejected by the court in May 2007.

In May 2007 Cutler filed for bankruptcy, which is pending. See In re: Jessica Cutler, No. 07-31459-5 (Bankr. N.D. N.Y. filed May 30, 2007). Steinbach then filed a claim with the bankruptcy court. He also filed a separate suit in Arkansas over a book based on the blog.

Links and Court Documents:
http://www.nylj.com/nylawyer/news/09/06/061609c.html
http://www.calicocat.com/jessica_cutler_washingtonienne.htm
http://www.wonkette.com/politics/robert-steinbuch/index.php
http://www.privsecblog.com/archives/blogging-steinbuch-v-cutler-when-is-a-personal-blog-considered-publicity.html
http://news.yahoo.com/s/ap/20070516/ap_on_go_ot/sex_blog_lawsuit_1
Complaint at http://files.findlaw.com/news.findlaw.com/hdocs/docs/torts/steinbuchvcutler51805cmp.pdf

Parsi v. Hassan, Civil No. 08-00705 (D. D.C. filed April 25, 2008).

Status: Defendant's summary judgment motion denied, 2009 WL 252244 (D.D.C. Feb. 4, 2009).

Defendant Hassan Daioleslam published articles on his websites (“In Search of Truth: Reports on Mullahs's lobby in US” (www.iranianlobby.com); and hassandai3.blogspot.com) alleging that the National Iranian American Council and its president, Trita Parsi, was a front and lobbyist for the Iranian government. Parsi and the Council sued, and the court denied a defense motion for summary judgment.

Links and Court Documents:

http://irancoverage.com/2008/05/15/niac-files-defamation-lawsuit-against-hassan-daioleslam/

http://www.niacouncil.org/index.php?option=com_content&task=view&id=1119&Itemid=59

Cahill v. Doe, No. 04C-011-022 (Del. Sup. Ct., New Castle Co. dismissed Oct. 10, 2005).
Status: Dismissed with prejudice, Doe v. Cahill, 884 A.2d 451 (Del. 2005).


After viewing negative comments posted by an anonymous commenter on the Smyrna/Clayton Issues Blog, City Councilman Patrick Cahill filed a John Doe lawsuit and obtained a court order to compel Comcast to identify the poster. On appeal the Delaware Supreme Court reversed a trial court decision that used a good faith standard to deny Doe’s request for an emergency protection order. In dismissing the case with prejudice, the Supreme Court held that before an anonymous commenter could be identified the plaintiff had to provide evidence to support each element of his claim to an extent that created triable issues of fact. This case was the first time a state’s high court had addressed the issue of the rights of an anonymous blog commenter.


Links and Court Documents
:
http://www.groklaw.net/articlebasic.php?story=20051007151046741
http://www.citmedialaw.org/threats/cahill-v-doe
Appellant Brief: http://www.cyberslapp.org/documents/CahillvDoeAppBriefasfiled.pdf
Amicus Brief: http://www.scribd.com/doc/275487/00882doe-v-cahill-amicus
Order dismissing case: http://courts.delaware.gov/opinions/(idavx455jyc4ibyb1g20bb45)/download.aspx?ID=67130
Choy v. Boyne, No. HHD-CV-06-5005693-S (Conn. Super. Ct., Hartford filed Aug. 17, 2006).
Status: Dismissed (Nov. 30, 2006).


A doctor filed a libel lawsuit in New York against the author of a website that was critical of the doctor, after the author’s wife had won a malpractice settlement. The New York case was dismissed (see below), but the doctor filed a new suit in Connecticut. The Connecticut suit was dismissed upon a defense motion.

Links and Court Documents:
http://www.citmedialaw.org/threats/choy-v-boyne
Docket at http://civilinquiry.jud.ct.gov/DispDetail.asp?DocNum=HHD-CV-06-5005693-S

Bell v. Shah, Civil No. 05-0671 (D. Conn. filed April 27, 2005).

Status: Transferred to S.D. Fla. (March 31, 2006), then settled.


Plaintiff Joel Bell, who serves as a manager for several professional sports players, sued a writer for the the website draftcity.com (which closed when the legal action was threatened) for items on the site disparaging Bell. Ruling on a motion to dismiss, the federal court in Connecticut held that it lacked personal jurisdiction over the defendant, a Florida resident, even though the website was set up and registered by a one-time Connecticut resident. After the federal court in Connecticut moved the case to the federal court in southern Florida, the parties settled.

Links and Court Documents:

http://www.digestiblelaw.com/jurisdiction/blogQ.aspx?entry=3735
http://www.realgm.com/boards/viewtopic.php?t=379483&view=next&sid=e9b32f008e98909a27989cb35a3f1f98