Lee v. Makhnevich

STATUS: Complaint filed in NY Federal Court on November 29, 2011

S.D.N.Y.: Toothache lawsuit may stifle medical gag orders against online rants
MSNBC
Lawyers for Robert Lee, 42, this week asked a New York federal court to declare that dentist Stacey Makhnevich's contract, which effectively tries to gag patient's reviews, is unethical, invalid, and illegal.
http://vitals.msnbc.msn.com/_news/2011/11/30/9124107-toothache-lawsuit-may-stifle-medical-gag-orders-against-online-rants

>>Complaint
http://mlrc.informz.net/z/cjUucD9taT0xOTYxMjI0JnA9MSZ1PTEwMzMyOTU4MDEmbGk9OTIxODMwOA/index.html

U.S. v. Batiste, et al., Crim. No. 06-20373 (S.D. Fla. indictment June 22, 2006).

Status: Gag order modified; Appeal of gag order dismissed by court

Attorney David O. Markus writes the Southern District of Flordia blog (sdfla.blogspot.com) focusing on cases and news involving the court. One of the cases he blogged about was the “Liberty City” prosecution of seven individuals accused to plotting to blow up the Sears Tower in Chicago. After a jury trial in December 2007; the jury deadlocked on six of the defendants, but acquitted Lygleson Lemorin of all charges. After his acquittal, the government continued to hold Lemorin on immigration charges, and moved for his deportation. In anticipation of a retrial, District Judge Joan Lenard issued a gag order preventing the remaining defendants and their attorneys from discussing the case publicly; she also extended the gag order to Lemorin and his attorney, Joel DeFabio. When Marcus, the blogger, appeared in court on behalf of DeFabio to challenge the gag order, Judge Lenard extended the order to apparently cover him and his blog as well. Markus sought a clarification, and then filed a petition with the 11th Circuit Court of Appeals to have the order lifted (In Re: Lyglenson Lemorin, No. 08-10348-E (11th Cir. filed Jan. 24, 2008). On Jan. 28, Judge Lenard modified the order to apply only to the terrorism case -- in which Lemorin was acquitted and he would now be a witness-- but not the pending immigration case. In light of this ruling, the 11th Circuit dismissed the petition.

Links and Court Documents:

http://www.dailybusinessreview.com/news.html?news_id=46858

http://sdfla.blogspot.com/2008/01/gag-order-lifted-in-part.html

http://sdfla.blogspot.com/2008/01/gagged.html

11th Circuit petition: http://www.dailybusinessreview.com/images/news_photos/46826/SUIT001.PDF

In The Matter of Four Subpoenas dated October 30, 2007, May 6, 2008, May 6, 2008 and May 8, 2008 (New York v. Tsabar), No. 45278/2007 (N.Y. Sup. Ct., Bronx County 2008).

Status: Subpoenas withdrawn

In January 2008, a Bronx County Assistant District Attorney sent a subpoena to the owners of Room Eight (www.r8ny.com), a group blog focusing on New York City politics, seeking information to identify the authors of 29 blog posts, written by a pseudonymous contributor to the blog, and several anonymous contributors. The subpoena included the warning that disclosure by the site owners of the fact that they had received the subpoena – including telling the effected bloggers -- would impede an unspecified investigation (later revealed to be an investigation of death threats against a local political official), and could be prosecuted. The site owners filed a motion to quash the subpoena, and argued that they should be able to contact the pseudonymous and anonymous bloggers. They also threatened a federal lawsuit. In July, the District Attorney’s office withdrew the subpoena.

Links and Court Documents:

Case documents: http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=489

http://www.nytimes.com/2008/07/15/technology/15law.html

http://www.nydailynews.com/blogs/dailypolitics/2008/07/room-8-ungagged-dishes-on-bronx-da.html

http://blogs.wsj.com/law/2008/07/15/did-das-subpoena-bind-bloggers-to-silence/

http://volokh.com/posts/1216092524.shtml

http://www.nydailynews.com/ny_local/2008/07/16/2008-07-16_death_threats_net_rant_hound_bronx_board.html

www.citmedialaw.org/threats/new-york-v-tsabar

http://buffalopundit.wnymedia.net/blogs/archives/6718

http://www.r8ny.com/blog/admin/room_eight_fights_bronx_subpoena_wins.html