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
Showing posts with label False Light. Show all posts
Showing posts with label False Light. Show all posts
Hingston v. Google
Hingston v. Google (12/21/12)
STATUS: Complaint filed in California District Court on 12/21/12.
C.D.Cal.: Filing Lawsuits in the United States Over Google Auto-Complete Is...
Citizen Media Law Blog
In false light and defamation actions, context is king.
http://www.citmedialaw.org/blog/2013/filing-lawsuits-united-states-over-google-autocomplete
Complaint: http://www.citmedialaw.org/sites/citmedialaw.org/files/Hingston%20Complaint.pdf
STATUS: Complaint filed in California District Court on 12/21/12.
C.D.Cal.: Filing Lawsuits in the United States Over Google Auto-Complete Is...
Citizen Media Law Blog
In false light and defamation actions, context is king.
http://www.citmedialaw.org/blog/2013/filing-lawsuits-united-states-over-google-autocomplete
Complaint: http://www.citmedialaw.org/sites/citmedialaw.org/files/Hingston%20Complaint.pdf
Pippen v. Comcast Corp.
Pippen v. Comcast Corp.
STATUS: Complaint filed on December 13, 2011.
N.D.III: Scottie Pippen sues over Bankruptcy Report filing
Courthouse News
Former Bulls star Scottie Pippen claims Comcast and General Electric, owners of NBC Universal and CNBC.com, defamed him and cost him endorsements by falsely claiming he had been declared bankrupt
http://www.courthousenews.com/2011/12/14/In_Brief.htm#42239
Complaint: Pippen v. Comcast Corp.
http://www.courthousenews.com/2011/12/14/Pippen.pdf
STATUS: Complaint filed on December 13, 2011.
N.D.III: Scottie Pippen sues over Bankruptcy Report filing
Courthouse News
Former Bulls star Scottie Pippen claims Comcast and General Electric, owners of NBC Universal and CNBC.com, defamed him and cost him endorsements by falsely claiming he had been declared bankrupt
http://www.courthousenews.com/2011/12/14/In_Brief.htm#42239
Complaint: Pippen v. Comcast Corp.
http://www.courthousenews.com/2011/12/14/Pippen.pdf
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
Jones v. Minkin, Civil No. 09-23256 (S.D. Fla. filed Oct. 27, 2009).
Status: Withdrawn.
On Aug. 22, 2007, University of Miami School of Law professor Donald Jones was arrested for allegedly offering an undercover officer $20 for sex, a charge that he plead not guilty to and was eventually dropped and expunged. The "Above the Law" blog, however, reported on the arrest on Oct. 17, 2007, with follow-up posts the next day, Oct. 27 (noting a Miami Herald story on the arrest) and Oct. 29. In October 2009, Jones sued the owner of the blog, along with its publisher and managing editor, making claims of false light, invasion of privacy, and copyright (for photos of Jones posted on the blog). He dropped the suit n earl November.
Links and Court Documents:
Complaint
Lawsuit of the Day: Jones v. Minkin (Above the Law blog, Nov. 3, 2009).
Status: Withdrawn.
On Aug. 22, 2007, University of Miami School of Law professor Donald Jones was arrested for allegedly offering an undercover officer $20 for sex, a charge that he plead not guilty to and was eventually dropped and expunged. The "Above the Law" blog, however, reported on the arrest on Oct. 17, 2007, with follow-up posts the next day, Oct. 27 (noting a Miami Herald story on the arrest) and Oct. 29. In October 2009, Jones sued the owner of the blog, along with its publisher and managing editor, making claims of false light, invasion of privacy, and copyright (for photos of Jones posted on the blog). He dropped the suit n earl November.
Links and Court Documents:
Complaint
Lawsuit of the Day: Jones v. Minkin (Above the Law blog, Nov. 3, 2009).
Law Professor Sues Above the Law Blog, Alleging 'Viciously Racist Series of Rants' (National Law Journal, Nov. 3, 2009)
Professor withdraws lawsuit against 'Above the Law' (National Law Journal, Nov. 5, 2009)
Professor withdraws lawsuit against 'Above the Law' (National Law Journal, Nov. 5, 2009)
Doe v. R.C., No. ___ (Ill. Cir. Ct., Cook County filed Sept. 24, 2009).
Status: Pending.
Laura Cook, suing on behalf of her minor son, alleges that the defendants -- who are all minors who know the plaintiff, according to the complaint -- created a fake Facebook profile using his real photograph and cell number, and posted racist and sexual comments that appeared to have been written by the plaintiff. The lawsuit claims defamation, placement in false light, and intentional infliction of emotional distress.
Case Information and Documents:
>> Complaint
‘Racist’ and ‘Homosexual’ Facebook Page Leads To Online Bullying Lawsuit
4 Teens Sued for Obscene Fake Facebook Profile
Status: Pending.
Laura Cook, suing on behalf of her minor son, alleges that the defendants -- who are all minors who know the plaintiff, according to the complaint -- created a fake Facebook profile using his real photograph and cell number, and posted racist and sexual comments that appeared to have been written by the plaintiff. The lawsuit claims defamation, placement in false light, and intentional infliction of emotional distress.
Case Information and Documents:
>> Complaint
‘Racist’ and ‘Homosexual’ Facebook Page Leads To Online Bullying Lawsuit
4 Teens Sued for Obscene Fake Facebook Profile
UPDATE 6.3.2013
STATUS: The court found for Smithgall.
Ga.Super: Judge Awards Damages in Defamation Suit
Forsyth News
A former Forsyth Court Sheriff's Office Deputy was awarded $180,000 in damages for a lawsuit that dates to August 2009.
http://www.forsythnews.com/section/6/article/18062/
Smithgall v. Shelton, No. 09-CV-2199 (Ga. Super. filed Aug. 6, 2009).
Status: Pending.
Forsyth County, Ga. sheriff’s deputy John Smithgall sued over postings to the "About Forsyth" web site (http://www.aboutforsyth.net) alleging that he is the father of defendant Lisa Shelton's child. According to the suit, Sheldon -- Smithgall's former girlfriend -- made the initial posting with the allegation, and defendant Kim Pruitt posted a comment "confirming" the allegation.
The third defendant in the suit is "About Forsyth" webmaster David Milum, for a posting on the dispute that he wrote on the site, with the headline, "FCSO Officer John Smithgall Allegedly Denies Paternity?"
Links and Court Doucuments:
http://www.forsythnews.com/news/article/3127/
Complaint: http://www.aboutforsyth.net/forum/viewtopic.php?p=29278&sid=cf0ced48e103b7a179583a733f2a1f64
STATUS: The court found for Smithgall.
Ga.Super: Judge Awards Damages in Defamation Suit
Forsyth News
A former Forsyth Court Sheriff's Office Deputy was awarded $180,000 in damages for a lawsuit that dates to August 2009.
http://www.forsythnews.com/section/6/article/18062/
Smithgall v. Shelton, No. 09-CV-2199 (Ga. Super. filed Aug. 6, 2009).
Status: Pending.
Forsyth County, Ga. sheriff’s deputy John Smithgall sued over postings to the "About Forsyth" web site (http://www.aboutforsyth.net) alleging that he is the father of defendant Lisa Shelton's child. According to the suit, Sheldon -- Smithgall's former girlfriend -- made the initial posting with the allegation, and defendant Kim Pruitt posted a comment "confirming" the allegation.
The third defendant in the suit is "About Forsyth" webmaster David Milum, for a posting on the dispute that he wrote on the site, with the headline, "FCSO Officer John Smithgall Allegedly Denies Paternity?"
Links and Court Doucuments:
http://www.forsythnews.com/news/article/3127/
Complaint: http://www.aboutforsyth.net/forum/viewtopic.php?p=29278&sid=cf0ced48e103b7a179583a733f2a1f64
Duer v. Henderson, No. ____ (Ohio C.P., Miami County default verdict April 13, 2009).
Status: $129,794 default verdict for plaintiff
Melissa Duer, owner of the historic Staley Mill northeast of Dayton, Ohio, sued over statements in the book "Weird Ohio" and the Forgotten Ohio website (http://www.forgottenoh.com/) that the mill was haunted. In her suit, Duer said that the claims had put her and her family in a false light and intentionally caused them emotional distress. Duer also claimed that the statements led to people trespassing on the property, requiring her to get a guard dog and hire private security. The court dismissed the claims over the book, which Duer said she would appeal. But the owner of the website, Andrew Henderson, did not appear and a default judgment was entered. In addition to the award, which included expenses Duer alleged for security, alleged diminished value of the property, and attorney fees and litigation costs, the court also ordered Henderson to remove references to the mill from his site, and barred him from posting such references on any other website.
On Dec. 23, an appellate court in Ohio found that the trial court correctly found that no genuine issue of material fact existed as to Duer's claim for trespass to land. 2009 WL 4985475.
Links and Court Documents:
http://www.daytondailynews.com/n/content/oh/story/news/local/2009/03/19/ddn031909hauntedsuitweb.html
http://www.daytondailynews.com/news/dayton-news/website-ordered-to-pay-125000-over-haunted-mill-claim-83396.html
http://www.themoneytimes.com/20090417/woman-wins-haunted-mill-lawsuit-id-1064179.html
Status: $129,794 default verdict for plaintiff
Melissa Duer, owner of the historic Staley Mill northeast of Dayton, Ohio, sued over statements in the book "Weird Ohio" and the Forgotten Ohio website (http://www.forgottenoh.com/) that the mill was haunted. In her suit, Duer said that the claims had put her and her family in a false light and intentionally caused them emotional distress. Duer also claimed that the statements led to people trespassing on the property, requiring her to get a guard dog and hire private security. The court dismissed the claims over the book, which Duer said she would appeal. But the owner of the website, Andrew Henderson, did not appear and a default judgment was entered. In addition to the award, which included expenses Duer alleged for security, alleged diminished value of the property, and attorney fees and litigation costs, the court also ordered Henderson to remove references to the mill from his site, and barred him from posting such references on any other website.
On Dec. 23, an appellate court in Ohio found that the trial court correctly found that no genuine issue of material fact existed as to Duer's claim for trespass to land. 2009 WL 4985475.
Links and Court Documents:
http://www.daytondailynews.com/n/content/oh/story/news/local/2009/03/19/ddn031909hauntedsuitweb.html
http://www.daytondailynews.com/news/dayton-news/website-ordered-to-pay-125000-over-haunted-mill-claim-83396.html
http://www.themoneytimes.com/20090417/woman-wins-haunted-mill-lawsuit-id-1064179.html
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/
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:
Fahmy v. Hogge, No. 2:08-cv-01152 (C.D. Cal. filed Feb. 20, 2008).
Status: Dismissed.
FatimaFlorida
Links and Court Documents:
http://www.citmedialaw.org/threats/fahmy-v-hogge
Complaint: http://docs.justia.com/cases/federal/district-courts/california/cacdce/2:2008cv01152/408884/1/
Initial denial of motion to dismiss: http://www.linksandlaw.de/news1310-fatima-graham-klage.htm
Status: Dismissed.
Fatima
Links and Court Documents:
http://www.citmedialaw.org/threats/fahmy-v-hogge
Complaint: http://docs.justia.com/cases/federal/district-courts/california/cacdce/2:2008cv01152/408884/1/
Initial denial of motion to dismiss: http://www.linksandlaw.de/news1310-fatima-graham-klage.htm
Gilding v. Carr, No. 2007-016329 (
Gilding v. Carr, No. 2:08-cv-02137 (D.
Status: removed to Federal court; motion to dismiss pending
John Gilding, supervisor of an FAA employee who committed suicide, filed a lawsuit for defamation and false light based on two blog posts by the former president of National Air Traffic Controllers Association (NATCA) on his blog, http://themainbang.typepad.com/ Gilding argues that the postings were false and misleading. The case was moved to federal court in November 2008, where a motion to dismiss has been filed.
Links and Court Documents:
R.L. Lackner, Inc. v. Sanchez, No. 2005-CCL-1032-C (Tex. County Ct., filed Aug. 30, 2005).Status: Settled (terms unknown)
Robert Sanchez (see Cisneros v. Sanchez, above) was also sued by Carolyn Lackner Baird, owner of the R.L. Lackner jewelry store in Brownsville. Her suit claims that Sanchez allowed various postings on the bulletin board about her and her daughter that were "vulgar, filthy, pornographic," and "in bad taste," as well as false and defamatory statements about her business. An effort by Sanchez to get the suit moved to federal court was unsuccessful. After the suit was filed, Sanchez claimed that a hacker attack wiped out the blog's archive.
Links and Court Documents:
http://www.brownsvilleherald.com/news/sanchez_66364___article.html/lawsuit_baird.html
http://www.brownsvilleherald.com/news/court_67939___article.html/federal_sanchez.html http://www.brownsvilleherald.com/news/court_68828___article.html/sanchez_lawsuits.htmlRemand to state court: http://pub.bna.com/eclr/050264.pdf
Robert Sanchez (see Cisneros v. Sanchez, above) was also sued by Carolyn Lackner Baird, owner of the R.L. Lackner jewelry store in Brownsville. Her suit claims that Sanchez allowed various postings on the bulletin board about her and her daughter that were "vulgar, filthy, pornographic," and "in bad taste," as well as false and defamatory statements about her business. An effort by Sanchez to get the suit moved to federal court was unsuccessful. After the suit was filed, Sanchez claimed that a hacker attack wiped out the blog's archive.
Links and Court Documents:
http://www.brownsvilleherald.com/news/sanchez_66364___article.html/lawsuit_baird.html
http://www.brownsvilleherald.com/news/court_67939___article.html/federal_sanchez.html http://www.brownsvilleherald.com/news/court_68828___article.html/sanchez_lawsuits.htmlRemand to state court: http://pub.bna.com/eclr/050264.pdf
Staten v. Steel, No. 16-05-15033 (Or. Cir. Ct. Lane County jury verdict _____).
Status: $110,000 jury verdict affirmed (No. A133080, 222 Or. App. 17, 191 P.3d 778 (Or. App. Aug. 20, 2008), rev. denied, 345 Or. 618, 201 P.3d 909 (Or. Jan 13, 2009).
As part of a crusade against Club 71, a bar with nude dancing in Sunny Valley, Ore., defendants took pictures of club patrons and posted them and license plate numbers on their web site, www.seewhosthere.com.
Among those photographed and pictured on the site was plaintiff Greg Staten, who visted the club in March 2005 with his wife and some friends, and got into a scuffle with defendant Robert Falbo, who took pictures of Staten driving away from the club. During the scuffle, Staten destroyed Falbo’s camera.
Falbo took pictures with another camera, and posted them with commentary on the site. Staten sued for false light, intentional infliction of emotional distress, and civil conspiracy; he later added similar claims based on commentary posted on the site in response to his lawsuit. Falbo claimed that the statements were mere hyperbole.
The trial court denied motions to dismiss the suit under Oregon’s anti-SLAPP law and for summary judgment, and a jury trial was held which resulted in a $110,000 verdict for plaintiff.
After trial, the court denied plaintiff’s motions for reimnursement for attorney fees and for sanctions against defendants’ attoirneys. On appeal, the appellate court affirmed the jury verdict, but vacated the trial’s court’s rulings on attorneys fees and sanctions, sending those rulings back to the trial court for reconsideration.
Links and Court Documents:
Appellate decision: http://www.publications.ojd.state.or.us/A133080.htm
Status: $110,000 jury verdict affirmed (No. A133080, 222 Or. App. 17, 191 P.3d 778 (Or. App. Aug. 20, 2008), rev. denied, 345 Or. 618, 201 P.3d 909 (Or. Jan 13, 2009).
As part of a crusade against Club 71, a bar with nude dancing in Sunny Valley, Ore., defendants took pictures of club patrons and posted them and license plate numbers on their web site, www.seewhosthere.com.
Among those photographed and pictured on the site was plaintiff Greg Staten, who visted the club in March 2005 with his wife and some friends, and got into a scuffle with defendant Robert Falbo, who took pictures of Staten driving away from the club. During the scuffle, Staten destroyed Falbo’s camera.
Falbo took pictures with another camera, and posted them with commentary on the site. Staten sued for false light, intentional infliction of emotional distress, and civil conspiracy; he later added similar claims based on commentary posted on the site in response to his lawsuit. Falbo claimed that the statements were mere hyperbole.
The trial court denied motions to dismiss the suit under Oregon’s anti-SLAPP law and for summary judgment, and a jury trial was held which resulted in a $110,000 verdict for plaintiff.
After trial, the court denied plaintiff’s motions for reimnursement for attorney fees and for sanctions against defendants’ attoirneys. On appeal, the appellate court affirmed the jury verdict, but vacated the trial’s court’s rulings on attorneys fees and sanctions, sending those rulings back to the trial court for reconsideration.
Links and Court Documents:
Appellate decision: http://www.publications.ojd.state.or.us/A133080.htm
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