Roca Labs v Does (11/14/14)
STATUS:
Suit filed in Circuit Court.
Fla.Cir.: Roca Labs Sues Anonymous Commenters In Convoluted Plot To Get Negative Comments De-Indexed From Google
TechDirt
Roca Labs is suing 11 anonymous commenters who posted comments to PissedConsumer.com, but it doesn't seem interested in who posted the comments; instead, it just wants to get a court order to pressure Google and others into no longer linking to those reviews.
https://www.techdirt.com/articles/20141202/15032929299/roca-labs-latest-nutty-strategy-to-delete-negative-reviews-sue-anonymous-commenters-pretend-comments-are-property.shtml
Complaint:
https://s3.amazonaws.com/s3.documentcloud.org/documents/1373944/12-02-03.pdf
Showing posts with label Blog comments. Show all posts
Showing posts with label Blog comments. Show all posts
DueAll Construction v. Smith et al.
DueAll Construction v. Smith, et. al (May 16, 2013)
STATUS: Complaint filed in Florida Circuit Court.
Fla.Cir.: Brandenton Residents Sued by Contractor for Defamation
WFLA.com
Homeowners in Bradenton's crumbling Willowbrook condominium are in a fierce battle with their builder KB Home. That fight has landed two residents in a lawsuit.
http://www.wfla.com/story/22440836/willobrook
STATUS: Complaint filed in Florida Circuit Court.
Fla.Cir.: Brandenton Residents Sued by Contractor for Defamation
WFLA.com
Homeowners in Bradenton's crumbling Willowbrook condominium are in a fierce battle with their builder KB Home. That fight has landed two residents in a lawsuit.
http://www.wfla.com/story/22440836/willobrook
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
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
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
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
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
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
Too Much Media, LLC v. Hale, No. L2736-08 (N.J. Super. 2008).
This summary is not available. Please
click here to view the post.
Sherrod v. Breitbart
UPDATE (6/27/13)
STATUS: Defamation suit can proceed.
D.C. Cir.: Defamation Suit Against Breitbart Can Proceed
BLT: Blog of the Legal Times
Local lawyers hoping for a conclusive ruling on whether the anti-SLAAP law applies in federal court will have to keep waiting. In a ruling this morning, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit decided the case on federal grounds.
http://legaltimes.typepad.com/blt/2013/06/dc-circuit-defamation-suit-against-breitbart-can-proceed.html
Opinion:
http://www.cadc.uscourts.gov/internet/opinions.nsf/AA5A0640B8CAA4A185257B95004EB083/$file/11-7088-1443074.pdf
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: Defamation suit can proceed.
D.C. Cir.: Defamation Suit Against Breitbart Can Proceed
BLT: Blog of the Legal Times
Local lawyers hoping for a conclusive ruling on whether the anti-SLAAP law applies in federal court will have to keep waiting. In a ruling this morning, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit decided the case on federal grounds.
http://legaltimes.typepad.com/blt/2013/06/dc-circuit-defamation-suit-against-breitbart-can-proceed.html
Opinion:
http://www.cadc.uscourts.gov/internet/opinions.nsf/AA5A0640B8CAA4A185257B95004EB083/$file/11-7088-1443074.pdf
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
Moore v. Hoff
UPDATE (8/21/12)
STATUS: The Minnesota Court of Appeals reversed the jury verdict against the publisher of "The Adventures of Johnny Northside" blog, holding that the publication of unflattering, but non-defamatory true speech, is protected by the First Amendment, regardless of the speaker's motive.
Opinion: Moore v. Huff
http://www.medialaw.org/images/medialawdaily/hoff.pdf
UPDATE (6/6/12)
STATUS: On May 23, 2012, the Appellate Court heard argument on two issues raised by Hoff's attorney. The first is whether the verdict of tortious interference violated the First Amendment protection of free speech, “if the jury relied, even if in part on protected speech such as a true statement as evidence to support the verdict.” The second question asks whether the verdict violates the First Amendment if the evidence wasn’t specifically identified or carefully scrutinized to determine whether it was protected speech
Minn.App.: First Amendment, blogger Johnny Northside and Jerry Moore: the Saga Continues
Twin Cities Daily Planet
According to John Borger, one of the attorneys who submitted an amicus brief in the case, the appelate court seemed to ask questions pertaining to where the line is drawn between protected and unprotected speech.
http://www.tcdailyplanet.net/news/2012/06/05/first-amendment-blogger-johnny-northside-and-jerry-moore-saga-continues
Appellant's Brief:
http://www.tcdailyplanet.net/sites/tcdailyplanet.net/files/Appellant%27s%20Brief.pdf
Respondent's Brief:
http://www.tcdailyplanet.net/sites/tcdailyplanet.net/files/Respondent%27s%20Brief%20and%20Appendix.pdf
UPDATE ( 8/29/11)STATUS: Verdict stands against Blogger Johnny Northside.
Minn.Dist.: Verdict stands against blogger in firing at U
Star Tribune
A jury's $60,000 verdict against Minneapolis blogger John "Johnny Northside" Hoff for a posting that got a man fired will stand.http://www.startribune.com/local/minneapolis/128638308.html
UPDATE (3/15/11)
STATUS: Moore awarded $60,000 in damages
Minn. Dist.: Blogger Johnny Northside must pay $60,000 to fired community leader
Star Tribune
Jurors said "Johnny Northside" intentionally interfered with man's job at U of M. Though blogger John (Johnny Northside) Hoff told the truth when he linked ex-community leader Jerry Moore to a high-profile mortgage fraud, the scathing blog post that got Moore fired justifies $60,000 in damages, a Hennepin County jury decided Friday. The jury awarded Moore $35,000 for lost wages and $25,000 for emotional distress.
http://www.startribune.com/local/117805398.html
STATUS: Trial commenced on March 7, 2011
Minn. Dist.: Suit against north Minneapolis blogger is going to trial
Star Tribune
Jury selection begins Monday in Hennepin County District Court in a 2009 suit by former Jordan Area Community Council executive director Jerry Moore against blogger John Hoff, known as "Johnny Northside."Moore sued Hoff, seeking at least $50,000, alleging a blog post Hoff wrote about him was untrue and got him fired from the University of Minnesota's Urban Research and Outreach/Engagement Center. Hoff, whose blog "The Adventures of Johnny Northside" garners 300 to 500 readers daily, said the post is true and he has documents to back it up.
http://www.startribune.com/local/117499498.html
STATUS: The Minnesota Court of Appeals reversed the jury verdict against the publisher of "The Adventures of Johnny Northside" blog, holding that the publication of unflattering, but non-defamatory true speech, is protected by the First Amendment, regardless of the speaker's motive.
Opinion: Moore v. Huff
http://www.medialaw.org/images/medialawdaily/hoff.pdf
UPDATE (6/6/12)
STATUS: On May 23, 2012, the Appellate Court heard argument on two issues raised by Hoff's attorney. The first is whether the verdict of tortious interference violated the First Amendment protection of free speech, “if the jury relied, even if in part on protected speech such as a true statement as evidence to support the verdict.” The second question asks whether the verdict violates the First Amendment if the evidence wasn’t specifically identified or carefully scrutinized to determine whether it was protected speech
Minn.App.: First Amendment, blogger Johnny Northside and Jerry Moore: the Saga Continues
Twin Cities Daily Planet
According to John Borger, one of the attorneys who submitted an amicus brief in the case, the appelate court seemed to ask questions pertaining to where the line is drawn between protected and unprotected speech.
http://www.tcdailyplanet.net/news/2012/06/05/first-amendment-blogger-johnny-northside-and-jerry-moore-saga-continues
Appellant's Brief:
http://www.tcdailyplanet.net/sites/tcdailyplanet.net/files/Appellant%27s%20Brief.pdf
Respondent's Brief:
http://www.tcdailyplanet.net/sites/tcdailyplanet.net/files/Respondent%27s%20Brief%20and%20Appendix.pdf
UPDATE ( 8/29/11)STATUS: Verdict stands against Blogger Johnny Northside.
Minn.Dist.: Verdict stands against blogger in firing at U
Star Tribune
A jury's $60,000 verdict against Minneapolis blogger John "Johnny Northside" Hoff for a posting that got a man fired will stand.http://www.startribune.com/local/minneapolis/128638308.html
UPDATE (3/15/11)
STATUS: Moore awarded $60,000 in damages
Minn. Dist.: Blogger Johnny Northside must pay $60,000 to fired community leader
Star Tribune
Jurors said "Johnny Northside" intentionally interfered with man's job at U of M. Though blogger John (Johnny Northside) Hoff told the truth when he linked ex-community leader Jerry Moore to a high-profile mortgage fraud, the scathing blog post that got Moore fired justifies $60,000 in damages, a Hennepin County jury decided Friday. The jury awarded Moore $35,000 for lost wages and $25,000 for emotional distress.
http://www.startribune.com/local/117805398.html
STATUS: Trial commenced on March 7, 2011
Minn. Dist.: Suit against north Minneapolis blogger is going to trial
Star Tribune
Jury selection begins Monday in Hennepin County District Court in a 2009 suit by former Jordan Area Community Council executive director Jerry Moore against blogger John Hoff, known as "Johnny Northside."Moore sued Hoff, seeking at least $50,000, alleging a blog post Hoff wrote about him was untrue and got him fired from the University of Minnesota's Urban Research and Outreach/Engagement Center. Hoff, whose blog "The Adventures of Johnny Northside" garners 300 to 500 readers daily, said the post is true and he has documents to back it up.
http://www.startribune.com/local/117499498.html
Herman v. Xcentric Ventures, LLC
STATUS: Defendant's motion for summary judgment granted on Feb 14, 2011
N.D. Ga.: Ripoff Report Gets Another 47 USC 230 Dismissal
Technology & Marketing Law Blog (Eric Goldman)
This is a run-of-the-mill lawsuit against the Ripoff Report by an unhappy vendor. Herman is a lawyer (once again, the dreaded lawyer-as-plaintiff) unhappy with a posted report from a client alleging bad service. . . This [granting of summary judgment for defendant Ripoff Report] is a super win for the Ripoff Report and another sign that courts just don't want to hear the plaintiff's arguments (no matter how creative/desperate) trying to put the Ripoff Report on the hook for user postings.
http://blog.ericgoldman.org/archives/2011/02/ripoff_report_g_1.htm
--Decision: Herman v. Xcentric Ventures, LLC
http://www.scribd.com/doc/48895149/Herman-v-Xcentric-Dismissal
N.D. Ga.: Ripoff Report Gets Another 47 USC 230 Dismissal
Technology & Marketing Law Blog (Eric Goldman)
This is a run-of-the-mill lawsuit against the Ripoff Report by an unhappy vendor. Herman is a lawyer (once again, the dreaded lawyer-as-plaintiff) unhappy with a posted report from a client alleging bad service. . . This [granting of summary judgment for defendant Ripoff Report] is a super win for the Ripoff Report and another sign that courts just don't want to hear the plaintiff's arguments (no matter how creative/desperate) trying to put the Ripoff Report on the hook for user postings.
http://blog.ericgoldman.org/archives/2011/02/ripoff_report_g_1.htm
--Decision: Herman v. Xcentric Ventures, LLC
http://www.scribd.com/doc/48895149/Herman-v-Xcentric-Dismissal
Mechanical Dynamics & Analysis v. Google, Inc.; John Does (1-15)
STATUS: Complaint filed Feb 3rd, 2011
E.D. Mo.: Engineering Co. Seeks To Unmask Gossip Bloggers
MediaPost News
In the latest case aimed at unmasking Web users, a company that repairs turbine generators is asking a judge to order Google to disclose the identity of the author of a gossip blog. Mechanical Dynamics & Analysis, which has offices in St. Louis, alleges in court papers filed Thursday that the Sound Off blog defames current and former officers and also reveals company secrets. The court papers, filed with the U.S. District Court in the Eastern District of Missouri, seek "pre-case discovery" from Google.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=144388
--Complaint: Mechanical Dynamics & Analysis v. Google, Inc.; John Does (1-15)
http://www.scribd.com/doc/48185099/Mechanical-Dynamics-v-Google-Complaint
E.D. Mo.: Engineering Co. Seeks To Unmask Gossip Bloggers
MediaPost News
In the latest case aimed at unmasking Web users, a company that repairs turbine generators is asking a judge to order Google to disclose the identity of the author of a gossip blog. Mechanical Dynamics & Analysis, which has offices in St. Louis, alleges in court papers filed Thursday that the Sound Off blog defames current and former officers and also reveals company secrets. The court papers, filed with the U.S. District Court in the Eastern District of Missouri, seek "pre-case discovery" from Google.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=144388
--Complaint: Mechanical Dynamics & Analysis v. Google, Inc.; John Does (1-15)
http://www.scribd.com/doc/48185099/Mechanical-Dynamics-v-Google-Complaint
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.
http://volokh.com/2011/01/17/lawyer-seeking-order-that-will-compel-volokh-to-remove-his-blog-post/
--Appellant's Emergency Motion to Seal Portions of Court Filings: Wolk v. Olson
http://cdn.volokh.com/wp/wp-content/uploads/2011/01/wolkmotiontoseal.pdf
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
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.
http://volokh.com/2011/01/17/lawyer-seeking-order-that-will-compel-volokh-to-remove-his-blog-post/
--Appellant's Emergency Motion to Seal Portions of Court Filings: Wolk v. Olson
http://cdn.volokh.com/wp/wp-content/uploads/2011/01/wolkmotiontoseal.pdf
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.
Blockowicz v. Williams, No. 09-C-3955 (N.D. Ill. Dec. 21, 2009)
UPDATE (1/5/11)
STATUS: 7th Circuit Court of Appeals affirmed the judgment of the district court on Dec. 27, 2010.
7th Cir.: Websites Don't Have to Remove Nasty Comments
Courthouse News Service
A website's host and manager are not bound by an injunction that ordered the removal of defamatory comments because they were not "in active concert or participation" with those who posted the comments, the 7th Circuit ruled.
http://www.courthousenews.com/2010/12/29/32959.htm
--Decision: Blockowicz v. Williams
http://caselaw.findlaw.com/us-7th-circuit/1549803.html
Status: Bloggers enjoined after default judgment.
The Blockowicz family brought suit against defendants Joseph David Williams and Michelle Ramey after they allegedly posted defamatory statements on various websites. The defendants defaulted, and on Oct. 6, 2009, the court entered a permanent injunction requiring the defendants to remove their postings from the websites. The plaintiffs, however, were unable to contact the defendants; instead they approached third party providers of the websites. One of these, RipoffReport.com, refused to comply, arguing the court had no jurisdiction over them. The court agreed, finding the provider was not "acting in concert or legally identified" with the enjoined party as required for the court to enforce an injunction against a non-party under F.R.C.P. 65(d). Accordingly, the court denied the Blockowicz's motion to compel.
Links and court documents
Opinion denying motion to compel, filed Dec. 21, 2009
Ripoff Report Not Bound by Takedown Injunction Against User - Blockowicz v. Williams, Technology & Law Marketing Blog, Dec. 22, 2009
Court Allows Libelous Post To Remain Online, MediaPost Blogs, Dec. 24, 2009
Rosales v. Adelman
STATUS: Complaint filed Dec 12th, 2010
Tex. Dist.: Harried Dog: Avi Adelman Gets Sued for Libel
Dallas Observer News
A bar and restaurant owner last week sued Avi Adelman, operator of the barkingdogs.org website and all around pain in the butt to bars on Lower Greenville Avenue, for libel. Through Barking Dogs, Adelman has been nipping at the heels of Lost Society on Lower Greenville since at least June, when bar co-owner Brightman "Brian" Nwatu was taken into custody, accused of evading deportation for five years. Two days later, Adelman followed up with news that Fernando Rosales, Lost Society's co-owner, had been popped by the Texas Alcoholic Beverage Commission for claiming to be the sole owner of Lost Society.
http://www.dallasobserver.com/2010-12-16/news/harried-dog-avi-adelman-gets-sued-for-libel/
--Complaint: Rosales v. Adelman
http://www.barkingdogs.org/lostsociety/CC_10_08658_E.pdf
Tex. Dist.: Harried Dog: Avi Adelman Gets Sued for Libel
Dallas Observer News
A bar and restaurant owner last week sued Avi Adelman, operator of the barkingdogs.org website and all around pain in the butt to bars on Lower Greenville Avenue, for libel. Through Barking Dogs, Adelman has been nipping at the heels of Lost Society on Lower Greenville since at least June, when bar co-owner Brightman "Brian" Nwatu was taken into custody, accused of evading deportation for five years. Two days later, Adelman followed up with news that Fernando Rosales, Lost Society's co-owner, had been popped by the Texas Alcoholic Beverage Commission for claiming to be the sole owner of Lost Society.
http://www.dallasobserver.com/2010-12-16/news/harried-dog-avi-adelman-gets-sued-for-libel/
--Complaint: Rosales v. Adelman
http://www.barkingdogs.org/lostsociety/CC_10_08658_E.pdf
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