STATUS: Default judgment awarded of $1.5M as of May 2010.
Nik Richie Strikes Back at Texas Woman Who Won Lawsuit; Vows to Make Her "The Face of Herpes"
Phoenix New Times
Nik Richie vows to make the Texas woman who won a lawsuit against him the "face of herpes in America" as retaliation.
http://blogs.phoenixnewtimes.com/valleyfever/2010/05/nik_richie_strikes_back_at_tex.php
Background:
Paralegal Sues Over ‘Herpes’ Blog Post
Law.com
An unidentified Texas paralegal is suing an Internet gossip blog over an anonymous February post that allegedly portrayed her, using her name, as unattractive and infected with herpes, among other negative characterizations.
http://www.abajournal.com/news/article/paralegal_sues_over_herpes_web_post/
Showing posts with label Sex. Show all posts
Showing posts with label Sex. Show all posts
Jones v. The Dirty.com
STATUS: Default judgment of $11M awarded on 8.25.2010, but in question over proper service as of 8.27.2010.
E.D. Ky.: Website hit with $11 million judgment for post
Associated Press
A gossip website has been hit with an $11 million judgment for libel and slander after posting false accusations about a northern Kentucky teacher who sidelines as a Cincinnati Bengals cheerleader.
http://www.greenwichtime.com/sports/article/Website-hit-with-11-million-judgment-for-post-632620.php
Background:
Cincinnati Bengals Cheerleader Sues The Dirty Over Claims She Caught Clap From Cheating Boyfriend
Phoenix New Times
A lawsuit filed against Richie and his Web site notes that the post includes a picture of a Cincinnati Bengals cheerleader, identified in the post as "Sarah J," with the claim that her ex-boyfriend, "Nate," cheated on her with more than 50 women and tested positive several times for chlamydia and gonorrhea. The author of the post suggests that "Nate" gave the diseases to "Sarah J."
http://blogs.phoenixnewtimes.com/valleyfever/2009/12/cincinatti_bengals_cheerleader.php
UPDATE (8.27.2010):
E.D. Ky.: Cheerleader sued wrong company
Fox News
An NFL cheerleader who thought she had won $11 million in a defamation judgment against a gossip website may have the result nullified because her lawyers sued the wrong company, politico.com reported Thursday.
http://www.foxnews.com/sports/2010/08/27/cheerleader-sued-wrong-company/
-- Decision: Jones v. Dirty World Entertainment
tktk
See also:
TheDirty.com named in libel suit
Politico
http://www.politico.com/news/stories/0810/41505.html
Update (9.7):
Victory in Online Defamation Lawsuit is Short-lived, as She Sued the Wrong Site
Forbes
[Updates and quotes on the defamation suit in which the plaintiff sued TheDirt.com instead of TheDirty.com]
http://blogs.forbes.com/kashmirhill/2010/09/03/bengals-cheerleaders-11-million-victory-in-online-defamation-lawsuit-is-short-lived-as-she-sued-the-wrong-site/#more-4968
E.D. Ky.: Website hit with $11 million judgment for post
Associated Press
A gossip website has been hit with an $11 million judgment for libel and slander after posting false accusations about a northern Kentucky teacher who sidelines as a Cincinnati Bengals cheerleader.
http://www.greenwichtime.com/sports/article/Website-hit-with-11-million-judgment-for-post-632620.php
Background:
Cincinnati Bengals Cheerleader Sues The Dirty Over Claims She Caught Clap From Cheating Boyfriend
Phoenix New Times
A lawsuit filed against Richie and his Web site notes that the post includes a picture of a Cincinnati Bengals cheerleader, identified in the post as "Sarah J," with the claim that her ex-boyfriend, "Nate," cheated on her with more than 50 women and tested positive several times for chlamydia and gonorrhea. The author of the post suggests that "Nate" gave the diseases to "Sarah J."
http://blogs.phoenixnewtimes.com/valleyfever/2009/12/cincinatti_bengals_cheerleader.php
UPDATE (8.27.2010):
E.D. Ky.: Cheerleader sued wrong company
Fox News
An NFL cheerleader who thought she had won $11 million in a defamation judgment against a gossip website may have the result nullified because her lawyers sued the wrong company, politico.com reported Thursday.
http://www.foxnews.com/sports/2010/08/27/cheerleader-sued-wrong-company/
-- Decision: Jones v. Dirty World Entertainment
tktk
See also:
TheDirty.com named in libel suit
Politico
http://www.politico.com/news/stories/0810/41505.html
Update (9.7):
Victory in Online Defamation Lawsuit is Short-lived, as She Sued the Wrong Site
Forbes
[Updates and quotes on the defamation suit in which the plaintiff sued TheDirt.com instead of TheDirty.com]
http://blogs.forbes.com/kashmirhill/2010/09/03/bengals-cheerleaders-11-million-victory-in-online-defamation-lawsuit-is-short-lived-as-she-sued-the-wrong-site/#more-4968
Dane v. Gawker
C.D. Cal.: Gawker Settles Case Over Eric Dane Sex Tape, Removes Clips
MediaPost
Gawker Media has settled a copyright infringement lawsuit by Eric Dane and his wife Rebecca Gayheart stemming from Gawker's posting of a sex tape made by the couple, according to court papers filed this week.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=132914&nid=117103See also:
Gawker Settles Lawsuit, Removes “McSteamy” Sex Tape
Mediaite
http://www.mediaite.com/online/gawker-settles-lawsuit-removes-mcsteamy-sex-tape/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+mediaite%2FClHj+%28Mediaite%29&utm_content=Bloglines
Salisbury v. Gawker Media LLC, No. 2009-60340-393 (Tex. Dist. Ct. file Oct. 16, 2009).
Status: Pending.
Former NFL quarterback, ESPN analyst and Dallas sports radio host Sean Salisbury sued Gawker Media over various posts on the company's Deadspin.com sports blog which he alleges led to him being fired from his media jobs and have prevented him from finding new employment.
The suit revolves around several postings to the blog from 2007 through 2009 alleging that Salisbury acted inappropriately towards female co-workers. While many of the posts attributed these allegations and linked to other sources, Salisbury's attorney told the McKinney (Tex.) Courier-Gazette that his client targeted the Deadspin blog because of its "concerted" efforts.
Case Information and Documents:
Docket
Former ESPN, radio sports analyst files lawsuit against Gawker Media in Denton County (McKinney (Tex.) Courier-Gazette, Oct. 23, 2009)
Sean Salisbury sues Deadspin (NBC Sports (Pro Football Talk), Oct. 23, 2009)
And Now There's This: Sean Salisbury Really Is Suing Us (Deadspin.com, Oct. 23, 2009)
Status: Pending.
Former NFL quarterback, ESPN analyst and Dallas sports radio host Sean Salisbury sued Gawker Media over various posts on the company's Deadspin.com sports blog which he alleges led to him being fired from his media jobs and have prevented him from finding new employment.
The suit revolves around several postings to the blog from 2007 through 2009 alleging that Salisbury acted inappropriately towards female co-workers. While many of the posts attributed these allegations and linked to other sources, Salisbury's attorney told the McKinney (Tex.) Courier-Gazette that his client targeted the Deadspin blog because of its "concerted" efforts.
Case Information and Documents:
Docket
Former ESPN, radio sports analyst files lawsuit against Gawker Media in Denton County (McKinney (Tex.) Courier-Gazette, Oct. 23, 2009)
Sean Salisbury sues Deadspin (NBC Sports (Pro Football Talk), Oct. 23, 2009)
And Now There's This: Sean Salisbury Really Is Suing Us (Deadspin.com, Oct. 23, 2009)
Hansen v. Wilson, No. _____ (Cal. Super., Humboldt County filed late 2008).
Status: Settled in part.
Eureka, Cal. Police Department Communications Supervisor Tawnie Hansen filed the suit late last year against several unnamed "John Does" for comments posted on a (now-largely deleted and no-longer-updated) blog titled "Above the Law" (abovethelaweureka.blogspot.com), written by a blogger using the pseudonyms "Frank Serpico," a name of a former New York police officer who revealed corruption within that department in the early 1970s, and "Bucky Grace."
The blog focused on alleged impropriety within the Eureka, Cal. police department, and dissatisfaction with Police Chief Garr Nielsen; among the statements by "Serpico/Grace" and commenters on the blogs, many of whom appeared to be police department employees, were those allegeding that Hansen and Nielsen were having an affair. Hansen sued over these online comments, as well as other, oral statements, alleging defamation and intentional infliction of emotional distress.
The suit initially named 100 "John Doe" defendants; in an amended complaint, Hansen named Eureka Police Department Support Services Manager Devora Wilson as one of the defendants. In August 2009, Wilson settled for $10,000.
The case against the other defendants, including the blogger behind the site, continues.
Links and Court Documents:
http://www.times-standard.com/ci_13021423
http://humboldtherald.wordpress.com/2009/06/29/eureka-police-blog-spawns-lawsuit
http://www.contracostatimes.com/california/ci_12729896?nclick_check=1
Interview with "Frank Serpico": http://khum.streamguys.us/John_Matthews_KSLG-Frank_Serpico042208.mp3
Status: Settled in part.
Eureka, Cal. Police Department Communications Supervisor Tawnie Hansen filed the suit late last year against several unnamed "John Does" for comments posted on a (now-largely deleted and no-longer-updated) blog titled "Above the Law" (abovethelaweureka.blogspot.com), written by a blogger using the pseudonyms "Frank Serpico," a name of a former New York police officer who revealed corruption within that department in the early 1970s, and "Bucky Grace."
The blog focused on alleged impropriety within the Eureka, Cal. police department, and dissatisfaction with Police Chief Garr Nielsen; among the statements by "Serpico/Grace" and commenters on the blogs, many of whom appeared to be police department employees, were those allegeding that Hansen and Nielsen were having an affair. Hansen sued over these online comments, as well as other, oral statements, alleging defamation and intentional infliction of emotional distress.
The suit initially named 100 "John Doe" defendants; in an amended complaint, Hansen named Eureka Police Department Support Services Manager Devora Wilson as one of the defendants. In August 2009, Wilson settled for $10,000.
The case against the other defendants, including the blogger behind the site, continues.
Links and Court Documents:
http://www.times-standard.com/ci_13021423
http://humboldtherald.wordpress.com/2009/06/29/eureka-police-blog-spawns-lawsuit
http://www.contracostatimes.com/california/ci_12729896?nclick_check=1
Interview with "Frank Serpico": http://khum.streamguys.us/John_Matthews_KSLG-Frank_Serpico042208.mp3
Dennis v. Watson, Civil No. 07CV05202 JFL002 (
Status: Trial on damages pending; interlocutory appeal pending before
In December 2007, Stephanie Dennis sued Teresa Watson, operator of the RomeNewsbyWatson.com web site, for comments posted on the site which alleged that Dennis was having an affair. [Although such suits are ordinarily barred by section 230 of the Communications Decency Act. it, is unclear whether the argument was made in this case.]
After a short detour to federal court, which remanded the case to state court, Watson moved that the judge hearing the case recuse himself, but the judge refused; Watson then appealed the refusal to the Georgia Supreme Court. While the appeal was pending, the judge held two hearings in the case and on Feb. 4, 2009 held Watson in default when she did not appear, and planned to hold a trial on damages. The following day, Feb. 5, the Georgia Supreme Court transferred the case to the Georgia Court of Appeals, which on Feb. 11 declined to order the lower court to halt its proceedings.
Links and Court Documents:
http://news.mywebpal.com/partners/680/public/news948417.html
http://news.mywebpal.com/partners/680/public/news947488.html
http://news.mywebpal.com/news_tool_v2.cfm?pnpid=680&show=archivedetails&ArchiveID=1325823&om=1
http://news.mywebpal.com/partners/680/public/news947926.html
http://thesummervillenews.com/index2.php?option=com_content&do_pdf=1&id=244
Supreme Court docket: http://www.gasupreme.us/docket_search/results_one_record.php?docr_case_num=S09M0738
Supreme Court remand: http://www1.romenews-tribune.com/Files/Documents/020709teresawatson.pdf
J.S. v. Blue Mountain School District, Civil No. 2007-00585 (M.D. Pa. summary judgment granted Sept. 11, 2008).
Status: Appeal of summary judgment grant to defendants pending (argued June 2, 2009).
On a home computer, students J.S. and K.L. created and postred a fake MySpace page that appeared to be for the principal of their high school. The fake profile, which used the principal’s photograph but not his name, described him as a pedophile and a sex addict. The two girls were suspended from school for ten days.
One of the girls and her parents sued, arguing that the school could not discipline her for activity that occurred totally outside of school. The district court disagreed, holding that “as vulgar, lewd, and potentially illegal speech that had an effect on campus, we find that the school did not violate the plaintiff’s rights in punishing her for it even though it arguably did not cause a substantial disruption of the school.”
The plaintiffs appealed, and the case was argued before the court of appeals on June 2, 2009. No. 08-4138 (3rd Cir. appeal filed Oct. 6, 2008).
Links and Court Documents:
http://arstechnica.com/news.ars/post/20080922-judge-school-can-suspend-students-over-fake-myspace-profile.html
http://www.law.com/jsp/article.jsp?id=1202424549808
Docket: http://news.justia.com/cases/featured/pennsylvania/pamdce/3:2007cv00585/67046/
Opinion granting summary judgment: http://howappealing.law.com/JSvsBlueMountainSD.pdf
Status: Appeal of summary judgment grant to defendants pending (argued June 2, 2009).
On a home computer, students J.S. and K.L. created and postred a fake MySpace page that appeared to be for the principal of their high school. The fake profile, which used the principal’s photograph but not his name, described him as a pedophile and a sex addict. The two girls were suspended from school for ten days.
One of the girls and her parents sued, arguing that the school could not discipline her for activity that occurred totally outside of school. The district court disagreed, holding that “as vulgar, lewd, and potentially illegal speech that had an effect on campus, we find that the school did not violate the plaintiff’s rights in punishing her for it even though it arguably did not cause a substantial disruption of the school.”
The plaintiffs appealed, and the case was argued before the court of appeals on June 2, 2009. No. 08-4138 (3rd Cir. appeal filed Oct. 6, 2008).
Links and Court Documents:
http://arstechnica.com/news.ars/post/20080922-judge-school-can-suspend-students-over-fake-myspace-profile.html
http://www.law.com/jsp/article.jsp?id=1202424549808
Docket: http://news.justia.com/cases/featured/pennsylvania/pamdce/3:2007cv00585/67046/
Opinion granting summary judgment: http://howappealing.law.com/JSvsBlueMountainSD.pdf
Johnson v. Tucker Max, No 2003 CA 004867 (
Status: Dismissed by plaintiff
Plaintiff, formerly Miss
Links and Court Documents:
http://www.citmedialaw.org/johnson-v-tucker-max
http://www.tuckermax.com/archives/entries/the_almost_banned_miss_vermont_story.phtml
http://www.tuckermax.com/archives/images/tuckernytimesweb.pdf
http://maroon.uchicago.edu/news/articles/2003/05/16/college_graduate_tuc.php
Initial complaint: http://www.tuckermax.com/images/Complaint%20for%20Injunctive%20Relief%20and%20Damages.PDF
Steinbach v. Cutler, Civil No. 05-00970 (D.D.C. filed May 16, 2005).
Status: Motion to dismiss denied in part (April 4, 2006); case stayed due to defendant’s bankruptcy.
In May 2004, Captial Hill aide Jessica Culter published a pseudonymous blog (washingtonienne.blogspot.com; no longer existent, but archived at washingtoniennearchive.blogspot.com) detailing her sexual escapades, identifying several men only by their initials.
Cutler's blog became a widespread story after it was publicized on another blog, wonkette.com, and Cutler was fired.
Robert Steinbach filed suit on May 18, 2005, saying that he was one of the men whose initials were given in the blog, but that other identifying information was included. Ruling on a motion to dismiss, the court held that the one-year statute of limitations on in theDistrict of Columbia
In May 2007 Cutler filed for bankruptcy, which is pending. See In re: Jessica Cutler, No. 07-31459-5 (Bankr. N.D. N.Y. filed May 30, 2007). Steinbach then filed a claim with the bankruptcy court. He also filed a separate suit in Arkansas over a book based on the blog. Links and Court Documents:
http://www.nylj.com/nylawyer/news/09/06/061609c.html
http://www.calicocat.com/jessica_cutler_washingtonienne.htm
http://www.wonkette.com/politics/robert-steinbuch/index.php
http://www.privsecblog.com/archives/blogging-steinbuch-v-cutler-when-is-a-personal-blog-considered-publicity.html
http://news.yahoo.com/s/ap/20070516/ap_on_go_ot/sex_blog_lawsuit_1
Complaint at http://files.findlaw.com/news.findlaw.com/hdocs/docs/torts/steinbuchvcutler51805cmp.pdf
Status: Motion to dismiss denied in part (April 4, 2006); case stayed due to defendant’s bankruptcy.
In May 2004, Captial Hill aide Jessica Culter published a pseudonymous blog (washingtonienne.blogspot.com; no longer existent, but archived at washingtoniennearchive.blogspot.com) detailing her sexual escapades, identifying several men only by their initials.
Cutler's blog became a widespread story after it was publicized on another blog, wonkette.com, and Cutler was fired.
Robert Steinbach filed suit on May 18, 2005, saying that he was one of the men whose initials were given in the blog, but that other identifying information was included. Ruling on a motion to dismiss, the court held that the one-year statute of limitations on in the
In May 2007 Cutler filed for bankruptcy, which is pending. See In re: Jessica Cutler, No. 07-31459-5 (Bankr. N.D. N.Y. filed May 30, 2007). Steinbach then filed a claim with the bankruptcy court. He also filed a separate suit in Arkansas over a book based on the blog. Links and Court Documents:
http://www.nylj.com/nylawyer/news/09/06/061609c.html
http://www.calicocat.com/jessica_cutler_washingtonienne.htm
http://www.wonkette.com/politics/robert-steinbuch/index.php
http://www.privsecblog.com/archives/blogging-steinbuch-v-cutler-when-is-a-personal-blog-considered-publicity.html
http://news.yahoo.com/s/ap/20070516/ap_on_go_ot/sex_blog_lawsuit_1
Complaint at http://files.findlaw.com/news.findlaw.com/hdocs/docs/torts/steinbuchvcutler51805cmp.pdf
Tendler v. Doe, No. 1-06-cv-064507 (Cal. Super. filed 2006); also see Tendler v. Doe, No. ________ (Ohio C.P. filed Feb. 2006)
Status: Discovery order issued; denial of attempt to enforce order in California reversed and remanded for further proceedings (164 Cal.App.4th 802, 79 Cal.Rptr.3d 407, 36 Media L. Rep. 2025 (Cal.App., 6 Dist., June 10, 2008)).
Orthodox Jewish rabbi Mordechai Tendler of New Hempstead, N.Y., was expelled from the Rabbinical Council of America in March 2005 and dismissed by his congregation in 2006 after several women accused him of sexual abuse and harassment.
Various blogs, including www.rabbinicintegrity.blogspot.com, www.jewishsurvivors.blogspot.com, www.jewishwhistleblower.blogspot.com and www.newhempsteadnews.blogspot.com, anonymously reported on these developments.
Tendler filed a libel lawsuit in Ohio against the anonymous bloggers, and as a preliminary matter obtained a court order ordering Google, owner of blogspot.com, to reveal the bloggers’ identities.
The company refused to obey the Ohio order, so Tendler filed suit in California state court. In that court, the bloggers responded by filing a motion to strike under the state’s anti-SLAPP statute. Although Tendler then withdrew the suit, the California judge held that the suit would have been dismissed under the anti-SLAPP law and that Tendler must still pay the defendants’ legal expenses.
Links and Court Documents:
http://www.citizen.org/pressroom/release.cfm?ID=2233
http://www.citmedialaw.org/threats/tendler-v-does
California appeals decision: http://www.courtinfo.ca.gov/opinions/nonpub/H031130.PDF
Status: Discovery order issued; denial of attempt to enforce order in California reversed and remanded for further proceedings (164 Cal.App.4th 802, 79 Cal.Rptr.3d 407, 36 Media L. Rep. 2025 (Cal.App., 6 Dist., June 10, 2008)).
Orthodox Jewish rabbi Mordechai Tendler of New Hempstead, N.Y., was expelled from the Rabbinical Council of America in March 2005 and dismissed by his congregation in 2006 after several women accused him of sexual abuse and harassment.
Various blogs, including www.rabbinicintegrity.blogspot.com, www.jewishsurvivors.blogspot.com, www.jewishwhistleblower.blogspot.com and www.newhempsteadnews.blogspot.com, anonymously reported on these developments.
Tendler filed a libel lawsuit in Ohio against the anonymous bloggers, and as a preliminary matter obtained a court order ordering Google, owner of blogspot.com, to reveal the bloggers’ identities.
The company refused to obey the Ohio order, so Tendler filed suit in California state court. In that court, the bloggers responded by filing a motion to strike under the state’s anti-SLAPP statute. Although Tendler then withdrew the suit, the California judge held that the suit would have been dismissed under the anti-SLAPP law and that Tendler must still pay the defendants’ legal expenses.
Links and Court Documents:
http://www.citizen.org/pressroom/release.cfm?ID=2233
http://www.citmedialaw.org/threats/tendler-v-does
California appeals decision: http://www.courtinfo.ca.gov/opinions/nonpub/H031130.PDF
Roe et al. v. McClellan, No. PS010050 (
Status: Injunction affirmed, B203651 (
Jack McClellan operated websites, www.stegl.org and www.stegl.info (both no longer accessible), which included photographs of clothed girls, aged three to 11, taken at public events, as well as a listing of public events at which such girls were likely to be present. The site, whose initials apparently stood for “Seattle-Tacoma-Everett Girl Love,” stated that its primary purpose was “to promote association, friendship; and legal, nonsexual, consensual touch (hugging, cuddling, etc) between men and prepubescent girls.” Previously, McClellan’s site focused on events in
Links and Court Documents:
http://news.cnet.com/8301-13578_3-10149724-38.html
http://www.volokh.com/posts/chain_1185636205.shtml
http://abclocal.go.com/kabc/story?section=news/local&id=5536136
http://www.cbsnews.com/stories/2007/07/30/earlyshow/living/parenting/main3110525.shtml
http://www.nytimes.com/2007/08/15/us/15pedophile.html
Appellate docket: http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1144953&doc_no=B203651
Appellate decision: http://www.ldrc.com/RoevMcClellan.pdf
Parker v. X17, Inc., No. SC096464 (Cal. Super., L.A. County
Status: Settled (dismissed by plaintiff in return for publication of apology)
Basketball player Tony Parker sued X17 over statements on the photo agency’s celebrity news blog (http://x17online.com/) which alleged that he had had an affair shortly after his marriage to actress Eva Longoria. In early April 2008, the site published an apology and the lawsuit was dismissed.
Links and Court Documents:
http://www.people.com/people/article/0,,20189312,00.html
http://www.jossip.com/x17s-half-hearted-settlement-required-apology-to-tony-parker-and-eva-longoria-20080407/
http://www.msnbc.msn.com/id/22331780/
http://www.tmz.com/2007/12/19/tony-parker-to-x17-screw-you-sue-you/
Complaint: http://www.aolcdn.com/tmz_documents/1219_eva_tony_wm.pdf
Status: Settled (dismissed by plaintiff in return for publication of apology)
Basketball player Tony Parker sued X17 over statements on the photo agency’s celebrity news blog (http://x17online.com/) which alleged that he had had an affair shortly after his marriage to actress Eva Longoria. In early April 2008, the site published an apology and the lawsuit was dismissed.
Links and Court Documents:
http://www.people.com/people/article/0,,20189312,00.html
http://www.jossip.com/x17s-half-hearted-settlement-required-apology-to-tony-parker-and-eva-longoria-20080407/
http://www.msnbc.msn.com/id/22331780/
http://www.tmz.com/2007/12/19/tony-parker-to-x17-screw-you-sue-you/
Complaint: http://www.aolcdn.com/tmz_documents/1219_eva_tony_wm.pdf
Lavandeira v. Lewandowski, No. BC388760 (
Lavandeira v. Lewandowski, Civil No. 08-03074 (C.D. Cal. transferred from state court May 9, 2008).
Status: Pending.
Blogger Mario Lavandeira, who operates the perezhilton.com celebrity news blog, sued Jonathan Wayne Lewandowski. operator of the JJ’s Dirt.com blog (http://jonathanjaxson.blogspot.com/), after Lewandowski claimed to several reporters and on his blog that he had a relationship with Lavandeira. Lavandeira claimed that Lewandowski made the claims to publicize his blog.
Links and Court Documents:
State court complaint: http://www.thesmokinggun.com/archive/years/2008/0409081hilton1.html
Status: Settled for undisclosed “hefty sum”
Porn actress
Links and Court Documents:
http://www.citmedialaw.org/lake-v-ford
Case noted in http://www.wired.com/culture/lifestyle/news/2001/01/40829
Case noted in http://www.laweekly.com/la-people-2006/the-xxxorcist/13191/
Mayhew v. Dunn, No. _____ (Vt. Super. Ct., Windham County filed Nov. 16, 2007).
Status: Claims against blog dismissed (March 13, 2008)
Effie Mayhew, a volunteer with Rescue, Inc., which provides emergency medical services in southern Vermont, sued former Rescue Inc. executive director David Dunn and the owners of the iBrattleboro.com community blog site over comments posted to the site by Dunn. Dunn was responding to criticism in a previous, anonymous posting on the site and a letter by Mayhew that was published by the Brattleboro Reformer. The comment that Dunn posted on iBrattleboro.com alleged that Mayhew and other critics had been involved in improper sexual behavior on Rescue, Inc. premises. On March 13, 2008, the court dismissed the claims against the blog, citing section 230 of the Communications Decency Act.
Links and Court Documents:
http://www.ibrattleboro.com/article.php/20080319160658538
http://www.citmedialaw.org/threats/mayhew-v-dunn
http://www.citmedialaw.org/blog/2007/libel-lawsuit-filed-against-ibrattleboro-founders-grotke-lepage
http://www.reformer.com/headlines/ci_7577612
http://www.ibrattleboro.com/article.php/20071127175654420
http://www.wcax.com/global/story.asp?s=7827009
Complaint: http://www.citmedialaw.org/sites/citmedialaw.org/files/2007-11-08-Mayhew%20Complaint.pdf
Opinion dismissing claims: http://www.ibrattleboro.com/pdf/iBrattleboro_opinion.pdf
Status: Claims against blog dismissed (March 13, 2008)
Effie Mayhew, a volunteer with Rescue, Inc., which provides emergency medical services in southern Vermont, sued former Rescue Inc. executive director David Dunn and the owners of the iBrattleboro.com community blog site over comments posted to the site by Dunn. Dunn was responding to criticism in a previous, anonymous posting on the site and a letter by Mayhew that was published by the Brattleboro Reformer. The comment that Dunn posted on iBrattleboro.com alleged that Mayhew and other critics had been involved in improper sexual behavior on Rescue, Inc. premises. On March 13, 2008, the court dismissed the claims against the blog, citing section 230 of the Communications Decency Act.
Links and Court Documents:
http://www.ibrattleboro.com/article.php/20080319160658538
http://www.citmedialaw.org/threats/mayhew-v-dunn
http://www.citmedialaw.org/blog/2007/libel-lawsuit-filed-against-ibrattleboro-founders-grotke-lepage
http://www.reformer.com/headlines/ci_7577612
http://www.ibrattleboro.com/article.php/20071127175654420
http://www.wcax.com/global/story.asp?s=7827009
Complaint: http://www.citmedialaw.org/sites/citmedialaw.org/files/2007-11-08-Mayhew%20Complaint.pdf
Opinion dismissing claims: http://www.ibrattleboro.com/pdf/iBrattleboro_opinion.pdf
Gillam v. Klein Investments, Inc., No. E179-095 (Tex. Dist. Ct. (Jefferson County) filed April 10, 2007).
Status: Settled
On his “Southeast Texas Political Review” blog (setpoliticalreview.com) and his KOLE-AM radio program (“Southeast Texas Politcal Review: On The Air”), Philip Klein claimed that Justice of the Peace Tom Gillam III had a sexual liaison with a woman in the Jefferson County courthouse.
Gillam sued in April 2007, claiming that that he and the court coordinator were in the courthouse looking for some computer disks that he needed to do some work at home. In June 2008, the parties settled, with Klein posting a statement on the site saying that “Judge Gillam is due an apology from those that attempted to smear his name by using this web site and the media in general in an attempt to garner office.”
Links and Court Documents:
http://www.panews.com/local/local_story_101194343.html
http://www.zwire.com/site/news.cfm?newsid=19759663&BRD=2287&PAG=461&dept_id=512588&rfi=6
Plaintiff’s complaint: http://www.courthousenews.com/Gillam%201.pdf
Plaintiff’s motion to prevent spoliation of evidence: http://www.courthousenews.com/Gillam%201.pdf
Status: Settled
On his “Southeast Texas Political Review” blog (setpoliticalreview.com) and his KOLE-AM radio program (“Southeast Texas Politcal Review: On The Air”), Philip Klein claimed that Justice of the Peace Tom Gillam III had a sexual liaison with a woman in the Jefferson County courthouse.
Gillam sued in April 2007, claiming that that he and the court coordinator were in the courthouse looking for some computer disks that he needed to do some work at home. In June 2008, the parties settled, with Klein posting a statement on the site saying that “Judge Gillam is due an apology from those that attempted to smear his name by using this web site and the media in general in an attempt to garner office.”
Links and Court Documents:
http://www.panews.com/local/local_story_101194343.html
http://www.zwire.com/site/news.cfm?newsid=19759663&BRD=2287&PAG=461&dept_id=512588&rfi=6
Plaintiff’s complaint: http://www.courthousenews.com/Gillam%201.pdf
Plaintiff’s motion to prevent spoliation of evidence: http://www.courthousenews.com/Gillam%201.pdf
Trosch v. Layshock, No. _____ (Pa. C.P., Mercer County filed April 2007).
Status: Claims against three defendants withdrawn; claims against one defendant remain
A high school principal sued four former students over three fake profiles posted on myspace.com that portrayed him as obsessed with sex, that he had sex with students, that he drank at work, and that he smoked marijuana.
One of the students, Justin Layshock, had already filed a federal lawsuit after he was suspended and placed in an alternative education program as punishment for creating one of the profiles. In that case, in July 2007 a federal judge found the suspension unconstitutional and ordered a jury trial on damages (Layshock v. Hermitage School District, Civil No. 06-00116 (W.D. Pa. summary judgment granted July 10, 2007)).
In December 2007, Judge Christopher J. St. John denied the defendants’ motion to dismiss the state case, but held that the statements were not made with actual malice and that the principal could not recover punitive damages. In November 2008, the principal dropped the claims against three of the defendants, leaving only the claims against Layshock.
Links and Court Documents:
http://www.citmedialaw.org/trosch-v-layshock
http://www.sharon-herald.com/local/local_story_094195802.html
http://www.sharon-herald.com/opinion/local_story_096155639.html?keyword=topstory
http://www.post-gazette.com/pg/06028/645823-104.stm
http://www.post-gazette.com/pg/06031/646968.stm
http://www.sharonherald.com/local/local_story_346203017.html
http://www.aclupa.org/legal/legaldocket/studentsuspendedforinterne.htmm
http://www.sharonherald.com/local/local_story_323210551.html
Status: Claims against three defendants withdrawn; claims against one defendant remain
A high school principal sued four former students over three fake profiles posted on myspace.com that portrayed him as obsessed with sex, that he had sex with students, that he drank at work, and that he smoked marijuana.
One of the students, Justin Layshock, had already filed a federal lawsuit after he was suspended and placed in an alternative education program as punishment for creating one of the profiles. In that case, in July 2007 a federal judge found the suspension unconstitutional and ordered a jury trial on damages (Layshock v. Hermitage School District, Civil No. 06-00116 (W.D. Pa. summary judgment granted July 10, 2007)).
In December 2007, Judge Christopher J. St. John denied the defendants’ motion to dismiss the state case, but held that the statements were not made with actual malice and that the principal could not recover punitive damages. In November 2008, the principal dropped the claims against three of the defendants, leaving only the claims against Layshock.
Links and Court Documents:
http://www.citmedialaw.org/trosch-v-layshock
http://www.sharon-herald.com/local/local_story_094195802.html
http://www.sharon-herald.com/opinion/local_story_096155639.html?keyword=topstory
http://www.post-gazette.com/pg/06028/645823-104.stm
http://www.post-gazette.com/pg/06031/646968.stm
http://www.sharonherald.com/local/local_story_346203017.html
http://www.aclupa.org/legal/legaldocket/studentsuspendedforinterne.htmm
http://www.sharonherald.com/local/local_story_323210551.html
Nomvuyo Mzamane v. Huffington Post, No. 080905308 (Pa. C.P., Philadelphia County filed Oct. 3, 2008).
Status: Settled (Non-monetary).
In November of 2007, Joan Stewart posted a blog entry on the “Publicity Hound” and later on “the Huffington Post” falsely alleging that Nomvuyo Mzamane, the former headmistress of Oprah Winfrey’s South African Leadership Academy for Girls, had been charged with a crime in connection with a sexual abuse scandal at the school. Mzamane responded by filing a lawsuit for defamation against Stewart, The Huffington Post, owner Ariana Huffington, and separately against Oprah Winfrey. A settlement was reached by the parties in December, 2008, including public retractions and apologies. No money was exchanged.
Links and Court Documents:
http://www.citmedialaw.org/threats/nomvuyo-mzamane-v-huffington-post
http://www.huffingtonpost.com/joan-stewart/what-ceos-can-learn-from-_b_73348.html
Status: Settled (Non-monetary).
In November of 2007, Joan Stewart posted a blog entry on the “Publicity Hound” and later on “the Huffington Post” falsely alleging that Nomvuyo Mzamane, the former headmistress of Oprah Winfrey’s South African Leadership Academy for Girls, had been charged with a crime in connection with a sexual abuse scandal at the school. Mzamane responded by filing a lawsuit for defamation against Stewart, The Huffington Post, owner Ariana Huffington, and separately against Oprah Winfrey. A settlement was reached by the parties in December, 2008, including public retractions and apologies. No money was exchanged.
Links and Court Documents:
http://www.citmedialaw.org/threats/nomvuyo-mzamane-v-huffington-post
http://www.huffingtonpost.com/joan-stewart/what-ceos-can-learn-from-_b_73348.html
Doe v. Green, No. 0704-04734 (Ore. Cir. Ct., Multnomah Co. filed April 26, 2007).
Status: Claims against employer dismissed; claims against individual blogger pending
The victim of a sexual assault is suing after a paramedic who treated her for her injuries sustained in the attack posted information about the incident on his MySpace page. The posting did not give the name of the woman, who filed her suit under the pseudonym Jane Doe, but did give some details about the location and circumstances of the assault, and a description of the suspect. The lawsuit, which names both the paramedic and his employer as defendants, claims that the posting led to television news reporters knocking on the woman’s door. In February 2008, the trial judge dismissed the claims against the employer.
Links and Court Documents:
Doe v. Green (Citizen Media Law Project)
Paramedic Sued for MySpace Posting about Rape
>> Complaint
>> Order dismissing employer
Status: Claims against employer dismissed; claims against individual blogger pending
The victim of a sexual assault is suing after a paramedic who treated her for her injuries sustained in the attack posted information about the incident on his MySpace page. The posting did not give the name of the woman, who filed her suit under the pseudonym Jane Doe, but did give some details about the location and circumstances of the assault, and a description of the suspect. The lawsuit, which names both the paramedic and his employer as defendants, claims that the posting led to television news reporters knocking on the woman’s door. In February 2008, the trial judge dismissed the claims against the employer.
Links and Court Documents:
Doe v. Green (Citizen Media Law Project)
Paramedic Sued for MySpace Posting about Rape
>> Complaint
>> Order dismissing employer
Tendler v. Doe, No. ________ (Ohio C.P. filed Feb. 2006)
Status: Discovery order issued; attempt to enforce order in California denied.
see also Tendler v. Doe, No. 1-06-cv-064507 (Cal. Super. filed 2006)
Orthodox Jewish rabbi Mordechai Tendler of New Hempstead, N.Y., was expelled from the Rabbinical Council of America in March 2005 and dismissed by his congregation in 2006 after several women accused him of sexual abuse and harassment. Various blogs, including www.rabbinicintegrity.blogspot.com, www.jewishsurvivors.blogspot.com, www.jewishwhistleblower.blogspot.com and www.newhempsteadnews.blogspot.com, anonymously reported on these developments. Tendler filed a libel lawsuit in Ohio against the anonymous bloggers, and as a preliminary matter obtained a court order ordering Google, owner of blogspot.com, to reveal the identities of the bloggers.
The company refused to obey the Ohio order, so Tendler filed suit in California state court.
Links and Court Documents:
http://www.citizen.org/pressroom/release.cfm?ID=2292
http://www.citizen.org/pressroom/release.cfm?ID=2235
http://www.citizen.org/pressroom/release.cfm?ID=2233
California appeals decision: http://www.courtinfo.ca.gov/opinions/nonpub/H031130.PDF
Status: Discovery order issued; attempt to enforce order in California denied.
see also Tendler v. Doe, No. 1-06-cv-064507 (Cal. Super. filed 2006)
Orthodox Jewish rabbi Mordechai Tendler of New Hempstead, N.Y., was expelled from the Rabbinical Council of America in March 2005 and dismissed by his congregation in 2006 after several women accused him of sexual abuse and harassment. Various blogs, including www.rabbinicintegrity.blogspot.com, www.jewishsurvivors.blogspot.com, www.jewishwhistleblower.blogspot.com and www.newhempsteadnews.blogspot.com, anonymously reported on these developments. Tendler filed a libel lawsuit in Ohio against the anonymous bloggers, and as a preliminary matter obtained a court order ordering Google, owner of blogspot.com, to reveal the identities of the bloggers.
The company refused to obey the Ohio order, so Tendler filed suit in California state court.
Links and Court Documents:
http://www.citizen.org/pressroom/release.cfm?ID=2292
http://www.citizen.org/pressroom/release.cfm?ID=2235
http://www.citizen.org/pressroom/release.cfm?ID=2233
California appeals decision: http://www.courtinfo.ca.gov/opinions/nonpub/H031130.PDF
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