STATUS: On September 29th, 2010, the court certified the question of whether municipalities could require electronic intermediaries to collect and remit amusement taxes on resold tickets to the Supreme Court of Illinois.
7th Cir.: StubHub Can't Beat Tax Collection Obligation Using 47 USC 230
Eric Goldman
This case involves Chicago's attempt to force StubHub to collect a ticket resale tax on its behalf. StubHub responded that if Chicago wants the tax revenue, it should take the matter up with StubHub's buyers and sellers.
http://blog.ericgoldman.org/archives/2010/09/stubhub_cant_be.htm
--Opinion: City of Chicago, Ill. v. StubHub!, Inc.
http://mlrc.informz.net/z/cjUucD9taT0xMDQ2OTIxJnA9MSZ1PTEwMjMwMDI1MTUmbGk9NDI2NTE3Nw/index.html
Showing posts with label Business Claims. Show all posts
Showing posts with label Business Claims. Show all posts
Davis v. Avvo, Inc. (Fla. Cir. Ct. filed Aug. 26, 2010)
STATUS: Complaint filed.
Fla. Cir: Attorney Claims Avvo.com Defamed Him
Courthouse News Service
An attorney claims a "rate your lawyer" website defamed him and other lawyers by misrepresenting public information and using "punitive, coercive and manipulative practices" against attorneys who try to correct their listings. Larry Joe Davis Jr. a St. Petersburg attorney, sued Avvo.com in Pinellas County Court.
http://www.courthousenews.com/2010/08/31/29991.htm
>> Complaint: Davis v. Avvo, Inc.
http://www.courthousenews.com/2010/08/31/Avvo.pdf
See also:Lawsuit of the Day: Why is This Guy So Angry with Avvo?
Above the Law
http://abovethelaw.com/2010/09/lawsuit-of-the-day-why-is-this-guy-so-angry-with-avvo/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+abovethelaw+%28Above+the+Law%29&utm_content=Bloglines
Fla. Cir: Attorney Claims Avvo.com Defamed Him
Courthouse News Service
An attorney claims a "rate your lawyer" website defamed him and other lawyers by misrepresenting public information and using "punitive, coercive and manipulative practices" against attorneys who try to correct their listings. Larry Joe Davis Jr. a St. Petersburg attorney, sued Avvo.com in Pinellas County Court.
http://www.courthousenews.com/2010/08/31/29991.htm
>> Complaint: Davis v. Avvo, Inc.
http://www.courthousenews.com/2010/08/31/Avvo.pdf
See also:Lawsuit of the Day: Why is This Guy So Angry with Avvo?
Above the Law
http://abovethelaw.com/2010/09/lawsuit-of-the-day-why-is-this-guy-so-angry-with-avvo/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+abovethelaw+%28Above+the+Law%29&utm_content=Bloglines
Black v. Google, Inc. (N.D. Cal. Aug. 13, 2010)
STATUS: Dismissed.
N.D. Cal.: 47 USC 230 Preempts Sponsorship/Endorsement Liability--Black v. Google
Technology & Marketing Law Blog
http://blog.ericgoldman.org/archives/2010/08/47_usc_230_pree_1.htm
>> Decision, Black v. Google, Inc.: http://www.scribd.com/doc/36097214/Black-v-Google-Dismissal
N.D. Cal.: 47 USC 230 Preempts Sponsorship/Endorsement Liability--Black v. Google
Technology & Marketing Law Blog
http://blog.ericgoldman.org/archives/2010/08/47_usc_230_pree_1.htm
>> Decision, Black v. Google, Inc.: http://www.scribd.com/doc/36097214/Black-v-Google-Dismissal
Baldwin v. Fischer-Smith
Mo. App.: Dog Breeder's Libel Lawsuit Reinstated
Courthouse News
A website designed to "stop" a breeder of Chinese Crested show dogs also bred a lawsuit that belongs in Missouri courts, the state appeals court ruled.
---Opinion: Baldwin v. Fischer-Smith
Courthouse News
A website designed to "stop" a breeder of Chinese Crested show dogs also bred a lawsuit that belongs in Missouri courts, the state appeals court ruled.
---Opinion: Baldwin v. Fischer-Smith
Liming v. Townsend
Tex. App.: Paris, Texas doctor files libel lawsuit
The Paris NewsPeople frequently badmouth doctors, but one blogger's comments have landed her in a Lamar County court ... the court has granted a temporary injunction against further Internet postings and from contacting Liming's patients, employers, employees, contractors or business partners.
>> Decision: Liming v. Townsend
The Paris NewsPeople frequently badmouth doctors, but one blogger's comments have landed her in a Lamar County court ... the court has granted a temporary injunction against further Internet postings and from contacting Liming's patients, employers, employees, contractors or business partners.
>> Decision: Liming v. Townsend
In re Anonymous Online Speakers (Quixtar v. Signature Management Team LLC)
9th Cir.: Court: Anonymous Web posts bring limits to commercial free speech
Las Vegas Sun
...The court, in an opinion written by Judge M. Margaret McKeown, said "Given the importance of political speech in the history of this country, it is not surprising that courts afford political speech the highest level of protection." But McKeown, quoting from another court's decision, wrote, "Commercial speech on the other hand, enjoys a limited measure of protection, commensurate with its subordinate position in the scale of First Amendment values..."
--- Decision: In re Anonymous Online Speakers (Quixtar v. Signature Management TEAM, LLC)
See also:
Las Vegas Sun
...The court, in an opinion written by Judge M. Margaret McKeown, said "Given the importance of political speech in the history of this country, it is not surprising that courts afford political speech the highest level of protection." But McKeown, quoting from another court's decision, wrote, "Commercial speech on the other hand, enjoys a limited measure of protection, commensurate with its subordinate position in the scale of First Amendment values..."
--- Decision: In re Anonymous Online Speakers (Quixtar v. Signature Management TEAM, LLC)
See also:
Ninth Circuit Weighs In On Internet Anonymity, Consumer Griping At Risk
Citizen Media Law Project
The Ninth Circuit Court of Appeals issued a decision last Monday in In re: Anonymous Online Speakers, No. 09-71265 (9th Cir. July 12, 2010), a case that could be influential for future courts deciding whether to order the identification of anonymous or pseudonymous Internet speakers.
--- Decision: In re: Anonymous Online Speakers
Citizen Media Law Project
The Ninth Circuit Court of Appeals issued a decision last Monday in In re: Anonymous Online Speakers, No. 09-71265 (9th Cir. July 12, 2010), a case that could be influential for future courts deciding whether to order the identification of anonymous or pseudonymous Internet speakers.
--- Decision: In re: Anonymous Online Speakers
Nemet Chevy v. Consumeraffairs.com, No. 08-2097, 2009 WL 5126224 (4th Cir. Dec. 29, 2009)
STATUS: Dismissed.
Nemet Chevrolet brought suit against Consumeraffairs.com for defamation, alleging that certain posts (uploaded by third parties) defamed Nemet. The defendants argued that they were entitled to s.230 immunity, and the district court agreed. On appeal, the Fourth Circuit affirmed, holding that the plaintiff's well-pled allegations left no more than "the mere possibility" that Consumeraffairs.com was responsible for the creation or development of the content at issue.
Links and court documents
Decision from the Fourth Circuit
Consumer Review Website Wins 230 Dismissal in Fourth Circuit, Technology & Marketing Law Blog, Dec. 29, 2009
Nemet v. Consumeraffairs.com, Citizen Media Law Project
[hyperlinked title], Publication, Date
Nemet Chevrolet brought suit against Consumeraffairs.com for defamation, alleging that certain posts (uploaded by third parties) defamed Nemet. The defendants argued that they were entitled to s.230 immunity, and the district court agreed. On appeal, the Fourth Circuit affirmed, holding that the plaintiff's well-pled allegations left no more than "the mere possibility" that Consumeraffairs.com was responsible for the creation or development of the content at issue.
Links and court documents
Decision from the Fourth Circuit
Consumer Review Website Wins 230 Dismissal in Fourth Circuit, Technology & Marketing Law Blog, Dec. 29, 2009
Nemet v. Consumeraffairs.com, Citizen Media Law Project
[hyperlinked title], Publication, Date
Apex Tech. Group, Inc. v. John Doe(s) 1-10, No. MID-L-7879-09 (N.J. Super. Ct., filed Dec. 23, 2009)
Status: Pending
A staffing and consulting services company ("Apex") brought suit against three websites -- http://www.endh1b.com/, http://www.itgrunt.com/, http://www.guestworkerfraud.com/ -- that allegedly posted defamatory comments about Apex, calling it a "bodyshop" and accusing it of engaging in bad practices while staffing H1-B workers from India. (The H1-B is a visa that allows American employers to use foreign workers in specialty occupations.) After the plaintiff filed an order to show cause, the court ordered Comcast, Yahoo!, and Facebook to turn over all documents relating to the identity of the owners of the websites. The court also enjoined the three websites, ordering them to remove all postings and references to the plaintiff. Finally, the court ordered discountASP.net, GoDaddy.com, and Domains by Proxy, Inc. to shut down and disable the websites "until further notice of this Court."
Links and court documents:- Order shutting down websites, filed Dec. 23, 2009
- H1B spat unites activities, xenophobes against common enemy, Ars Technica, Dec. 30, 2009
- Order to Shut Down Websites Critical of Apex Technology Group is Dangerous and Wrong, Electronic Frontier Foundation, Jan. 7, 2010
- Get to Work: Court order shuts web sites over H1-B fracas, San Francisco Chronicle, Jan. 11, 2010
- Determining the Proper Scope of Prior Restraints against Blogs in Defamation Cases, JOLT Digest, May 11, 2010
A staffing and consulting services company ("Apex") brought suit against three websites -- http://www.endh1b.com/, http://www.itgrunt.com/, http://www.guestworkerfraud.com/ -- that allegedly posted defamatory comments about Apex, calling it a "bodyshop" and accusing it of engaging in bad practices while staffing H1-B workers from India. (The H1-B is a visa that allows American employers to use foreign workers in specialty occupations.) After the plaintiff filed an order to show cause, the court ordered Comcast, Yahoo!, and Facebook to turn over all documents relating to the identity of the owners of the websites. The court also enjoined the three websites, ordering them to remove all postings and references to the plaintiff. Finally, the court ordered discountASP.net, GoDaddy.com, and Domains by Proxy, Inc. to shut down and disable the websites "until further notice of this Court."
Links and court documents:- Order shutting down websites, filed Dec. 23, 2009
- H1B spat unites activities, xenophobes against common enemy, Ars Technica, Dec. 30, 2009
- Order to Shut Down Websites Critical of Apex Technology Group is Dangerous and Wrong, Electronic Frontier Foundation, Jan. 7, 2010
- Get to Work: Court order shuts web sites over H1-B fracas, San Francisco Chronicle, Jan. 11, 2010
- Determining the Proper Scope of Prior Restraints against Blogs in Defamation Cases, JOLT Digest, May 11, 2010
NAPW, Inc. v. East Cooper Entrepreneurial Women, No. ____ (N.Y. Sup. Ct. Dec. __, 2009)
Status: Pending
A women's group sought an injunction from New York Supreme Court in order to have an offending blog post removed. The group, NAPW, Inc., claimed that a blog post by a competing organization ECEW, defamed it by calling NAPW a "scam." They also claimed that ECEW's post "attracted further defamatory posts, for which ECEW is liable."
Links and Court Documents
Bloggers Defamed Women's Group, Says Suit, Courthouse News Service, Dec. 31, 2009
Complaint: http://www.courthousenews.com/2009/12/31/NAPW2
See also:
NAPW, Inc. v. Google
A women's group sought an injunction from New York Supreme Court in order to have an offending blog post removed. The group, NAPW, Inc., claimed that a blog post by a competing organization ECEW, defamed it by calling NAPW a "scam." They also claimed that ECEW's post "attracted further defamatory posts, for which ECEW is liable."
Links and Court Documents
Bloggers Defamed Women's Group, Says Suit, Courthouse News Service, Dec. 31, 2009
Complaint: http://www.courthousenews.com/2009/12/31/NAPW2
See also:
NAPW, Inc. v. Google
Siegal v. Kardashian, No. 09-93439 CA 15 (Fla. Cir. Ct. Dec. 29, 2009)
Status: Pending
Dr. Siegal's Cookie Diet website has a page that links to news articles and press mentions of the diet. Several of these links suggested that Kim Kardashian was a fan of the diet. In October 2009, she took it upon herself to Tweet that she thought the diet was "unhealthy" and that the company was lying. On Dec. 25, her lawyers sent the site a cease and desist letter, asking that references to Kardashian be taken down.
Dr. Siegal brought suit Dec. 29, alleging that both the doctor and his company were defamed by the Tweets.
As of Jan. 6, 2010, there are no links on The Cookie Diet site to Kardashian.
Case information and links:
Complaint, filed Dec. 28, 2009
Kim Kardashian Sued for Twitter Defamation, THR, Esq., Jan. 4, 2010
Kim K: I'm Being Used by a Cookie Monster, TMZ.com, Dec. 25, 2009
Siegal v. Kardashian, Citizen Media Law Project,
Dr. Siegal's Cookie Diet website has a page that links to news articles and press mentions of the diet. Several of these links suggested that Kim Kardashian was a fan of the diet. In October 2009, she took it upon herself to Tweet that she thought the diet was "unhealthy" and that the company was lying. On Dec. 25, her lawyers sent the site a cease and desist letter, asking that references to Kardashian be taken down.
Dr. Siegal brought suit Dec. 29, alleging that both the doctor and his company were defamed by the Tweets.
As of Jan. 6, 2010, there are no links on The Cookie Diet site to Kardashian.
Case information and links:
Complaint, filed Dec. 28, 2009
Kim Kardashian Sued for Twitter Defamation, THR, Esq., Jan. 4, 2010
Kim K: I'm Being Used by a Cookie Monster, TMZ.com, Dec. 25, 2009
Siegal v. Kardashian, Citizen Media Law Project,
Macias v. Rivera, No. ____ (Iowa Dist. Ct. filed Oct. 2009).
Status: Pending.
The owner of a television program aimed at Hispanics sued the creator of a soon-to-be-launched competing program for statements on his blog in advance of the show. The parties were originally going to produce the existing show together, but then had a falling out.
The statements at issue were posted on the "Calle Virtual" blog under the headline, "When Your Idea is Stolen."
Spanish-language TV shows involved in court battle
Status: Pending.
The owner of a television program aimed at Hispanics sued the creator of a soon-to-be-launched competing program for statements on his blog in advance of the show. The parties were originally going to produce the existing show together, but then had a falling out.
The statements at issue were posted on the "Calle Virtual" blog under the headline, "When Your Idea is Stolen."
Spanish-language TV shows involved in court battle
Matteo v. Rubin, No. 07-CV-2536 (N.D. Ill.
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/
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/
GTX Global Corp. v. Left, No. BC343334 (Cal. Super., Los Angeles County dismissed July 2006), aff’d, No. B192626 (Cal.
Status: Dismissal affirmed
Plaintiff GTX Global Corp. alleged that postings by defendant Andrew Left on his blog (www.stocklemon.com, no longer in its original form) were meant to depress the stock price of the company so that he could profit from “short selling” the company’s stock. The trial court dismissed the lawsuit under California’s anti-SLAPP statute, and the company appealed. The appeals court affirmed the dismissal.
Links and Court Documents:
http://blog.ericgoldman.org/archives/2007/05/blogger_protect.htm
Appellate case information at http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=2&doc_id=1131281&doc_no=B192626
Status: Dismissal affirmed
Plaintiff GTX Global Corp. alleged that postings by defendant Andrew Left on his blog (www.stocklemon.com, no longer in its original form) were meant to depress the stock price of the company so that he could profit from “short selling” the company’s stock. The trial court dismissed the lawsuit under California’s anti-SLAPP statute, and the company appealed. The appeals court affirmed the dismissal.
Links and Court Documents:
http://blog.ericgoldman.org/archives/2007/05/blogger_protect.htm
Appellate case information at http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=2&doc_id=1131281&doc_no=B192626
Shurwest Product Connection, LLC v. Premium Producers Group LLC, No. CV2007-003021 (
Status: Pending
An investment company sued a company that makes software to rate investments over comments on the software company’s blog about an annuity product offered by the plaintiff, and the subsequent inclusion of the investment company in a list of non-independent wholesale firms. A defense motion to dismiss the case was denied on Sept. 21, 2007.
Links and Court Documents:
http://www.investmentnews.com/apps/pbcs.dll/article?AID=/20060825/REG/608250701/-1/INDaily04
Docket available at http://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseSearch.asp (enter case number)
Case information and documents: http://www.citmedialaw.org/threats/shurwest-product-connection-llc-v-premium-producers-group-llc
Order denying defendant’s motion to dismiss: http://www.courtminutes.maricopa.gov/docs/Civil/092007/m2855169.pdf
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