Wolk v. Olson

UPDATE (1/18/2011)

STATUS: Appellant filed Emergency Motion to Seal Portions of Court Filings on Jan 17, 2010

3d Cir. : Lawyer Seeking Order That "Will Compel . . . Volokh to Remove His . . . Blog [Post]"

The Volokh Conspiracy
Glenn Reynolds (Instapundit), Marc Randazza (Legal Satyricon), Ed Whelan (National Review Online), and I [Eugene Volokh] signed an amicus brief supporting Overlawyered’s position in the appeal. Wolk’s lawyers then filed a response in opposition to the motion for leave to file that amicus brief. That response, filed on Wolk’s behalf by his lawyers, made a false assertion about a post of mine on incest law . . . Wolk has now asked the Third Circuit to retroactively seal parts of his response, apparently including the passages that my blog post criticized. . . If lawyers may compel a blogger to remove publications by retroactively sealing the court documents that those publications quoted, they could equally do the same to other online publishers, including newspapers, magazines, and more.

--Appellant's Emergency Motion to Seal Portions of Court Filings: Wolk v. Olson

STATUS: Defendant's Motion to Dismiss granted on Aug 2, 2010

E.D. Pa.: Discovery Rule for Libel Doesn't Apply to Blogs, Says Federal Judge
Legal Intelligencer
Aviation lawyer and seasoned pilot Arthur Alan Wolk ... may have learned something new this week about the blogosphere when a federal judge tossed out his libel suit against the bloggers at Overlawyered.com. As U.S. District Judge Mary A. McLaughlin sees it, a blog is legally the same as any other "mass media," meaning that any libel lawsuit filed against a blog in Pennsylvania must make its way to court within one year.

No comments: