Mezzacappa v. O'Hare (March 31, 2015)
STATUS:
Court finds blogger not liable.
Pa.Ct.Comm. Pleas.: Blogger Isn't Liable for Anonymous Reader Comments
Technology & Marketing Law Blog
In this case, the Court says that the blog is an interactive computer service, Mezzacappa's claims of defamation and privacy invasion are publisher/speaker claims and it was apparent that the anonymous comments came from third parties.
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1961&context=historical
Opinion:
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1961&context=historical
Showing posts with label Defamation. Show all posts
Showing posts with label Defamation. Show all posts
Yelp v. Hadeed Carpet Cleaning
Yelp v. Hadeed Carpet Cleaning (4/16/15)
STATUS: Virginia Supreme Court rules in favor of Yelp.
Virginia Supreme Court Won't Force Yelp to Reveal Identities of Anonymous Commenters
Reporters Committee for Freedom of the Press
In a victory for Yelp and its anonymous commenters, the Virginia Supreme Court ruled that the Circuit Court could not force the California based online review site to reveal the identity of users who had posted negative reviews of the California carper cleaning service.
http://www.rcfp.org/browse-media-law-resources/news/virginia-supreme-court-wont-force-yelp-reveal-identities-anonymous-c
Opinion:
http://www.courts.state.va.us/opinions/opnscvwp/1140242.pdf
STATUS: Virginia Supreme Court rules in favor of Yelp.
Virginia Supreme Court Won't Force Yelp to Reveal Identities of Anonymous Commenters
Reporters Committee for Freedom of the Press
In a victory for Yelp and its anonymous commenters, the Virginia Supreme Court ruled that the Circuit Court could not force the California based online review site to reveal the identity of users who had posted negative reviews of the California carper cleaning service.
http://www.rcfp.org/browse-media-law-resources/news/virginia-supreme-court-wont-force-yelp-reveal-identities-anonymous-c
Opinion:
http://www.courts.state.va.us/opinions/opnscvwp/1140242.pdf
Sletten v. Continental Casualty
Sletten v. Continental Casualty (March 19, 2015)
STATUS: 8th Circuit finds in favor of insurer.
8th.Cir.: Insurer Doesn't Have to Cover Online Libel Claim
In an interesting non-media decision, the 8th Circuit held that an insurer was not required to defend an insured who allegedly posted false and defamatory reviews of a business competitor. Although the policy covered defamation in general, it excluded defamation with the intent to injure.
Order: http://media.ca8.uscourts.gov/opndir/15/03/132918P.pdf
STATUS: 8th Circuit finds in favor of insurer.
8th.Cir.: Insurer Doesn't Have to Cover Online Libel Claim
In an interesting non-media decision, the 8th Circuit held that an insurer was not required to defend an insured who allegedly posted false and defamatory reviews of a business competitor. Although the policy covered defamation in general, it excluded defamation with the intent to injure.
Order: http://media.ca8.uscourts.gov/opndir/15/03/132918P.pdf
Burdick v. Superior Court
Burdick v. Superior Court (1/14/15)
STATUS:California Court of Appeals holds that there is no personal jurisdiction for case to move forward.
Cal.App.: No Personal Jurisdiction Arising from Allegedly Defamatory Facebook Postings
Washington Post (Eugene Volokh)
The California Court of Appeals recently held that posting allegedly defamatory statements on a person's Facebook page is insufficient in itself to create the contacts necessary to support personal jurisdiction.
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/01/20/no-personal-jurisdiction-in-ca-arising-from-allegedly-defamatory-facebook-postings-targeting-ca-residents-herein-of-posts-second-law-of-judicial-decision-making/
Opinion: http://cases.justia.com/california/court-of-appeal/2015-g049107.pdf?ts=1421280050
STATUS:California Court of Appeals holds that there is no personal jurisdiction for case to move forward.
Cal.App.: No Personal Jurisdiction Arising from Allegedly Defamatory Facebook Postings
Washington Post (Eugene Volokh)
The California Court of Appeals recently held that posting allegedly defamatory statements on a person's Facebook page is insufficient in itself to create the contacts necessary to support personal jurisdiction.
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/01/20/no-personal-jurisdiction-in-ca-arising-from-allegedly-defamatory-facebook-postings-targeting-ca-residents-herein-of-posts-second-law-of-judicial-decision-making/
Opinion: http://cases.justia.com/california/court-of-appeal/2015-g049107.pdf?ts=1421280050
Enjaian v. ALM Media
Enjaian v. ALM Media (12/23/14)
STATUS:Court grants defendant's motion to strike.
N.D.Cal.: Tweeted Article About Lawyer Facing Stalking Accusation Isn't Defamatory
Technology & Marketing Law Blog
Defendant's brought an anti-SLAPP motion under California's anti-SLAPP statute and the court grants it.
http://blog.ericgoldman.org/archives/2014/12/tweeted-article-about-lawyer-facing-stalking-accusation-isnt-defamatory-enjaian-v-alm.htm
Order:
http://docs.justia.com/cases/federal/district-courts/california/candce/4:2014cv03872/280243/27
STATUS:Court grants defendant's motion to strike.
N.D.Cal.: Tweeted Article About Lawyer Facing Stalking Accusation Isn't Defamatory
Technology & Marketing Law Blog
Defendant's brought an anti-SLAPP motion under California's anti-SLAPP statute and the court grants it.
http://blog.ericgoldman.org/archives/2014/12/tweeted-article-about-lawyer-facing-stalking-accusation-isnt-defamatory-enjaian-v-alm.htm
Order:
http://docs.justia.com/cases/federal/district-courts/california/candce/4:2014cv03872/280243/27
Brown v. Times-Picayune
Brown v. Times-Picayune (11/3/14)
STATUS: Appellate court reverses lower court decision.
La.App.: Appeals Court Reverses Dismissal of Lawyer's Defamation Suit Against Nola.com
Times-Picayune
Claiborne Brown sued the organization and reporter Claire Galofaro for a headline that ran in the newspaper.
http://www.nola.com/crime/index.ssf/2014/12/appeals_court_reverses_dismiss.html
Opinion:
http://www.la-fcca.org/opiniongrid/opinionpdf/2014%20CA%200160%20Decision%20Appeal.pdf
STATUS: Appellate court reverses lower court decision.
La.App.: Appeals Court Reverses Dismissal of Lawyer's Defamation Suit Against Nola.com
Times-Picayune
Claiborne Brown sued the organization and reporter Claire Galofaro for a headline that ran in the newspaper.
http://www.nola.com/crime/index.ssf/2014/12/appeals_court_reverses_dismiss.html
Opinion:
http://www.la-fcca.org/opiniongrid/opinionpdf/2014%20CA%200160%20Decision%20Appeal.pdf
Huon v. Breaking Media
Huon v. Breaking Media (12/4/14)
STATUS: District Court will allow defamation claim.
N.D. Ill.: Legal Blog Faces Defamation Liability For Mischaracterizing Prior Legal Proceedings
Technology & Marketing Law Blog
Popular blog Above the Law wrote two stories about plaintiff's brush with the legal system. After the plaintiff was acquitted, ATL added an update to the story reflecting this. Plaintiff sued ATL in 2011 for defamation, intentional infliction of emotional distress and false light.
http://blog.ericgoldman.org/archives/2014/12/legal-blog-faces-defamation-liability-for-mischaracterizing-prior-legal-proceedings-huon-v-above-the-law.htm
Opinion:
http://www.courthousenews.com/2014/12/05/above%20the%20law.pdf
STATUS: District Court will allow defamation claim.
N.D. Ill.: Legal Blog Faces Defamation Liability For Mischaracterizing Prior Legal Proceedings
Technology & Marketing Law Blog
Popular blog Above the Law wrote two stories about plaintiff's brush with the legal system. After the plaintiff was acquitted, ATL added an update to the story reflecting this. Plaintiff sued ATL in 2011 for defamation, intentional infliction of emotional distress and false light.
http://blog.ericgoldman.org/archives/2014/12/legal-blog-faces-defamation-liability-for-mischaracterizing-prior-legal-proceedings-huon-v-above-the-law.htm
Opinion:
http://www.courthousenews.com/2014/12/05/above%20the%20law.pdf
Ringgold v. Radar Online
Ringgold v. Radar Online (11/6/14)
STATUS: Complaint filed in Eastern District court.
E.D.N.Y.: Radar Sullied Name of Tom Cruise Bodyguard, He Says
Courthouse News
When Tom Cruise sued Radar Online over careless reporting, the website doubled down by lying about his former bodyguard, a federal complaint alleges.
http://www.courthousenews.com/2014/11/06/radar-sullied-name-of-tom-cruise-bodygard-he-says.htm
Complaint:
http://www.medialaw.org/images/medialawdaily/ringgold11.07.14.pdf
STATUS: Complaint filed in Eastern District court.
E.D.N.Y.: Radar Sullied Name of Tom Cruise Bodyguard, He Says
Courthouse News
When Tom Cruise sued Radar Online over careless reporting, the website doubled down by lying about his former bodyguard, a federal complaint alleges.
http://www.courthousenews.com/2014/11/06/radar-sullied-name-of-tom-cruise-bodygard-he-says.htm
Complaint:
http://www.medialaw.org/images/medialawdaily/ringgold11.07.14.pdf
Concerned Citizens for Judicial Fairness v. Yacucci
Concerned Citizens for Judicial Fairness v. Yacucci (September 3, 2014)
STATUS: Florida appeals court reverses lower court ruling.
Fla.App.Ct.: Ruling: Judge Couldn't Block Website from Publishing Critical Stories
Palm Beach Post
The 4th District Court of Appeals on Wednesday slapped a senior judge in St. Lucie County for shutting down the website of a political committee after a judge running for re-election claimed it contained defamatory information about him.
http://www.supreme.courts.state.tx.us/historical/2014/aug/120563.pdf
STATUS: Florida appeals court reverses lower court ruling.
Fla.App.Ct.: Ruling: Judge Couldn't Block Website from Publishing Critical Stories
Palm Beach Post
The 4th District Court of Appeals on Wednesday slapped a senior judge in St. Lucie County for shutting down the website of a political committee after a judge running for re-election claimed it contained defamatory information about him.
http://www.supreme.courts.state.tx.us/historical/2014/aug/120563.pdf
Kinney v. Barnes
Kinney v. Barnes (August 29, 2014)
STATUS: Texas court sets precedent by ruling that court can't stop republishing of defamatory content.
Tex.: New Remedy for Online Defamation
Texas Lawyer
The Texas Supreme Court recently set precedent by ruling that a court can order an author to delete a defamatory posting, but cannot stop him from reposting the same statements elsewhere.
http://www.texaslawyer.com/id=1202668854527/New-Remedy-for-Online-Defamation?slreturn=20140808102826
Order:
http://www.supreme.courts.state.tx.us/historical/2014/aug/130043.pdf
STATUS: Texas court sets precedent by ruling that court can't stop republishing of defamatory content.
Tex.: New Remedy for Online Defamation
Texas Lawyer
The Texas Supreme Court recently set precedent by ruling that a court can order an author to delete a defamatory posting, but cannot stop him from reposting the same statements elsewhere.
http://www.texaslawyer.com/id=1202668854527/New-Remedy-for-Online-Defamation?slreturn=20140808102826
Order:
http://www.supreme.courts.state.tx.us/historical/2014/aug/130043.pdf
Larue/Tucker v. Brown
Larue/Tucker v. Brown
STATUS: Appellate Court rules that republication of defamatory content restarts clock for filing a lawsuit.
Ariz. App.: Republication on Internet of Alleged Defamation Restarts Clock on Lawsuit Deadline
The Republic
A new appellate court ruling says republication on the Internet of an alleged defamation restarts Arizona's deadline for filing a lawsuit within one year of publication.
http://www.therepublic.com/view/story/0a50c90132064822a2c74410129b0e21/AZ--Internet-Defamation
Opinion:
http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2014/1%20CA-CV13-0138.pdf
STATUS: Appellate Court rules that republication of defamatory content restarts clock for filing a lawsuit.
Ariz. App.: Republication on Internet of Alleged Defamation Restarts Clock on Lawsuit Deadline
The Republic
A new appellate court ruling says republication on the Internet of an alleged defamation restarts Arizona's deadline for filing a lawsuit within one year of publication.
http://www.therepublic.com/view/story/0a50c90132064822a2c74410129b0e21/AZ--Internet-Defamation
Opinion:
http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2014/1%20CA-CV13-0138.pdf
Palmer v. KlearGear.com
Palmer v. KlearGear.com (May 5, 2014)
D.Utah.: Judge: KlearGear Can't Collect $3,500.00 From Couple That Left Negative Online Review
Ars Technica
A federal court judge has ruled in favor of a Utah couple who criticized an online retailer.
http://arstechnica.com/tech-policy/2014/05/judge-kleargear-cant-collect-3500-from-couple-that-left-negative-online-review/
Default Judgment:
http://www.scribd.com/doc/224430518/Palmer-v-Kleargear-Default-Judgment
D.Utah.: Judge: KlearGear Can't Collect $3,500.00 From Couple That Left Negative Online Review
Ars Technica
A federal court judge has ruled in favor of a Utah couple who criticized an online retailer.
http://arstechnica.com/tech-policy/2014/05/judge-kleargear-cant-collect-3500-from-couple-that-left-negative-online-review/
Default Judgment:
http://www.scribd.com/doc/224430518/Palmer-v-Kleargear-Default-Judgment
Dancing Deer v. Liles
Dancing Deer Mountain v. Liles (March 12, 2014)
STATUS: Appeals court ruled that claim will be heard.
Or.App.: Trashing Reception Hall Online May Be Libelous
Courthouse News
A man who posted a negative review online about an Oregon wedding venue must face defamation claims, a state appeals court ruled.
http://www.courthousenews.com/2014/03/18/66254.htm
Complaint:
http://www.courthousenews.com/2014/03/18/Dancing%20Deer.pdf
STATUS: Appeals court ruled that claim will be heard.
Or.App.: Trashing Reception Hall Online May Be Libelous
Courthouse News
A man who posted a negative review online about an Oregon wedding venue must face defamation claims, a state appeals court ruled.
http://www.courthousenews.com/2014/03/18/66254.htm
Complaint:
http://www.courthousenews.com/2014/03/18/Dancing%20Deer.pdf
Neuman v. Liles
Neuman v. Liles (March 12, 2014)
STATUS: Court reverses trial court's ruling, allowing defamation claim to be heard.
Ore. App.: Online Commenter Critical of Business Can Be Sued for Defamation
The Oregonian
Thinking about posting a bad review of your latest dining experience, doctor your consulted or contractor you decided to hire? Better think twice, if you don't want to be sued.
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2014/03/online_commenter_critical_of_b.html
Order:
http://www.publications.ojd.state.or.us/docs/A149982.pdf
STATUS: Court reverses trial court's ruling, allowing defamation claim to be heard.
Ore. App.: Online Commenter Critical of Business Can Be Sued for Defamation
The Oregonian
Thinking about posting a bad review of your latest dining experience, doctor your consulted or contractor you decided to hire? Better think twice, if you don't want to be sued.
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2014/03/online_commenter_critical_of_b.html
Order:
http://www.publications.ojd.state.or.us/docs/A149982.pdf
Intihar v. Citizens Information Associates
Intihar v. Citizens Information Associates (3/4/14)
STATUS: Court rules that website must be given notice.
M.D. Fl.: Court Rules Mugshot Site Entitled to 5 Days Notice of Defamation Suits
A plaintiff suing a mugshot website for defamation must give at least five days notice before filing the lawsuit because the website is a media defendant, a Florida federal court has ruled. No Florida appellate court has determined whether websites qualify as media defendants, the court noted.
Order:
http://www.medialaw.org/images/medialawdaily/intihar.pdf
STATUS: Court rules that website must be given notice.
M.D. Fl.: Court Rules Mugshot Site Entitled to 5 Days Notice of Defamation Suits
A plaintiff suing a mugshot website for defamation must give at least five days notice before filing the lawsuit because the website is a media defendant, a Florida federal court has ruled. No Florida appellate court has determined whether websites qualify as media defendants, the court noted.
Order:
http://www.medialaw.org/images/medialawdaily/intihar.pdf
Choyce v. SF Bay Area Independent Media Center
UPDATE (11/10/14): Court finds in favor of the website.
N.D.Cal.: Websites Win $87,000 From Attorney
Courthouse News
Dionne Choyce sued San Francisco Bay Area Independent Media Center and its Internet Service provider Layer 42.net in 2012. Choyce claimed the Media Center posted defamatory comments about him on its aggregate news site, Indybay.org.
http://www.courthousenews.com/2014/11/05/websites-win-87-000-from-attorney.htm
Opinion:http://www.courthousenews.com/2014/11/05/Websites.pdf
Choyce v. SF Bay Independent Media Center (12/2/2013)
STATUS: Federal Court dismisses defamation claim.
N.D.Cal.: Lawyer Can't Grill ISP Over Online Defamation
Courthouse News
A lawyer cannot pursue defamation claims against the Internet service provider behind a post that said he "embezzled from the homeless", a Federal judge ruled.
http://www.courthousenews.com/2013/12/04/63432.htm
Order:
http://www.courthousenews.com/2013/12/04/isp.pdf
N.D.Cal.: Websites Win $87,000 From Attorney
Courthouse News
Dionne Choyce sued San Francisco Bay Area Independent Media Center and its Internet Service provider Layer 42.net in 2012. Choyce claimed the Media Center posted defamatory comments about him on its aggregate news site, Indybay.org.
http://www.courthousenews.com/2014/11/05/websites-win-87-000-from-attorney.htm
Opinion:http://www.courthousenews.com/2014/11/05/Websites.pdf
Choyce v. SF Bay Independent Media Center (12/2/2013)
STATUS: Federal Court dismisses defamation claim.
N.D.Cal.: Lawyer Can't Grill ISP Over Online Defamation
Courthouse News
A lawyer cannot pursue defamation claims against the Internet service provider behind a post that said he "embezzled from the homeless", a Federal judge ruled.
http://www.courthousenews.com/2013/12/04/63432.htm
Order:
http://www.courthousenews.com/2013/12/04/isp.pdf
Murray v. Huffington Post
Murray v. Huffington Post (October 25, 2013)
Coal Baron and Major Ken Cuccinelli Campaign Donor Sues Blogger for Defamation, Invasion of Privacy
Daily Kos
Robert Murray, owner of the Ohio based coal giant, Murray Energy Corporation, filed a lawsuit against a prominent liberal blogger and the Huffington Post.
http://www.dailykos.com/story/2013/11/03/1252774/-Coal-Baron-and-Major-Ken-Cuccinelli-Campaign-Donor-Sues-Blogger-for-Defamation-Invasion-of-Privacy#
Complaint:
http://www.scribd.com/doc/180784867/Murray-v-Huffington-Post-complaint
Coal Baron and Major Ken Cuccinelli Campaign Donor Sues Blogger for Defamation, Invasion of Privacy
Daily Kos
Robert Murray, owner of the Ohio based coal giant, Murray Energy Corporation, filed a lawsuit against a prominent liberal blogger and the Huffington Post.
http://www.dailykos.com/story/2013/11/03/1252774/-Coal-Baron-and-Major-Ken-Cuccinelli-Campaign-Donor-Sues-Blogger-for-Defamation-Invasion-of-Privacy#
Complaint:
http://www.scribd.com/doc/180784867/Murray-v-Huffington-Post-complaint
Gillon Music'N Celebrations v Ting
Gillon Music'N Celebrations v Ting (9/24/13)
STATUS: Federal judge rules lawsuit cannot be brought.
D.N.J.: Promoter Can't Sue Client Over Web Site
Courthouse News
A music promoter who has appeared on "The Apprentice" and "Platinum Brides" cannot sue an unhappy client over critical postings on an online consumer complaint board.
http://www.courthousenews.com/2013/09/30/61592.htm
Opinion:
http://www.courthousenews.com/2013/09/30/Iris.pdf
STATUS: Federal judge rules lawsuit cannot be brought.
D.N.J.: Promoter Can't Sue Client Over Web Site
Courthouse News
A music promoter who has appeared on "The Apprentice" and "Platinum Brides" cannot sue an unhappy client over critical postings on an online consumer complaint board.
http://www.courthousenews.com/2013/09/30/61592.htm
Opinion:
http://www.courthousenews.com/2013/09/30/Iris.pdf
Sanders v. Walsh
Sanders v. Walsh (9/16/13)
STATUS: Appellate panel rules against online posters.
Cal.App.: Courts Crack Down on Web Posters Playing "Fast and Loose" with Facts
The Recorder
For the second time in many months, an appellate panel has ruled against posts on Yelp and similar sites. The decisions cut against the grain of some previous appellate decisions which have held that readers expect posts on internet message boards to play fast and loose with the truth, setting a higher bar to defamation.
http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202619508102&Courts_Crack_Down_on_Web_Posters_Playing_Fast_and_Loose_With_Facts&slreturn=20130823122033
STATUS: Appellate panel rules against online posters.
Cal.App.: Courts Crack Down on Web Posters Playing "Fast and Loose" with Facts
The Recorder
For the second time in many months, an appellate panel has ruled against posts on Yelp and similar sites. The decisions cut against the grain of some previous appellate decisions which have held that readers expect posts on internet message boards to play fast and loose with the truth, setting a higher bar to defamation.
http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202619508102&Courts_Crack_Down_on_Web_Posters_Playing_Fast_and_Loose_With_Facts&slreturn=20130823122033
Bernath v. Tabitha
Bernath v. Tabitha (August 26, 2013)
STATUS: Yelp gets anti-SLAPP victory.
Ore.Cir.: Yelp Gets Another Victory in Anti-SLAPP Lawsuit
Technology & Marketing Law Blog
This case offers another data point on how 47 USC 230 and anti-SLAPP laws mutually reinforce each other.
http://blog.ericgoldman.org/archives/2013/09/yelp_gets_anoth.htm
Order:
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1499&context=historical
STATUS: Yelp gets anti-SLAPP victory.
Ore.Cir.: Yelp Gets Another Victory in Anti-SLAPP Lawsuit
Technology & Marketing Law Blog
This case offers another data point on how 47 USC 230 and anti-SLAPP laws mutually reinforce each other.
http://blog.ericgoldman.org/archives/2013/09/yelp_gets_anoth.htm
Order:
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1499&context=historical
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