CRIMINAL CASE: U.S. v. Drew, Crim. No. 08-00582 (C.D. Cal. indictment filed May 15, 2008).
Status: conviction on three misdemeanor charges, acquittal on three of the felony charges, hung jury on one felony charge (C.D. Cal. Nov. 30, 2008); felony charge dismissed (Dec. 31, 2008); convictions rev'd on post-trial motions (preliminary ruling July 2, 2009).
Lori Drew created a fake MySpace page as part of scheme to find out how a particular 13-year-old girl felt about the woman’s daughter. She posed as a boy who flirted online with Megan Meier for a month. Then another girl who had a password to the account began sending nasty e-mails to Megan, and sent an e-mail breaking off the apparent relationship. Megan then committed suicide.
In early December 2007, St. Charles County prosecuting attorney Jack Banas announced that there was insufficient evidence to file harassment, stalking or child endangerment charges against Drew. Federal prosecutors in Missouri also said there was no basis for prosecution.
But in May 2008 a federal grand jury in California issued an indictment for conspiracy and computer fraud. The indictment claims jurisdiction with the California court based on the location of MySpace’s headquarters. On June 12. 2008, Drew pleaded not guilty. In August, the Electronic Frontier Foundation submitted a brief seeking dismissal of the case, arguing that the prosecution is misapplying a federal computer fraud statute.
In late November a jury convicted Drew of three misdemeanor charges of accessing MySpace’s computers without authorization in order to obtain information about the 13-year-old, acquitted her of three felony charges of unauthorized access to MySpace's servers in order to cause emotional distress, and reached a deadlock on one felony charge of conspiracy (which was dismissed at request of the prosecutor).
In July 2009, the judge threw out the convictions in a preliminary ruling on post-trial motions, with a written decision forthcoming.
The prosecutor filed a notice of appeal in late September 2009, but requires approval from U.S. Solicitor General Elena Kagan before the appeal proceeds.
Links and Court Documents:
No charges to be filed over Meier suicide Prosecutor says MySpace hoax doesn't cross criminal threshold (St. Charles, Mo. Journal, Dec. 3, 2007)
A Hoax Turned Fatal Draws Anger but No Charges (New York Times, Nov. 28, 2007)
L.A. grand jury issues subpoenas in Web suicide case (Los Angeles Times, Jan. 9, 2008)
Woman pleads innocent in Myspace hoax suicide case (Reuters, June 16, 2008)
EFF urges judge to dismiss MySpace case (CNet News, Aug. 4, 2008)
Govt: Cyberbullying is a New Phenomenon, as is Social Networking (Wall Street Journal Law Blog, Aug. 13, 2008)
Judge tentatively refuses to dismiss Internet case (Associated Press, Sept. 4, 2008)
Judge Throws Out Conviction in Cyberbullying Case (New York Times, July 2, 2009)
Prosecutor Dismisses Felony Charge In MySpace Case (Online Media Daily, Jan. 2, 2009)
Drew Case May Go To Higher Court (Online Media Daily, Sept. 28, 2009)
Prosecutors Drop Plans to Appeal Lori Drew Case (Wired "Threat Level" blog, Nov. 20, 2009).
>> EFF amicus brief
Showing posts with label Trial. Show all posts
Showing posts with label Trial. Show all posts
Albritton v. Cisco Systems, No. 2008-481-CCL2 (Tex. County Ct., Gregg County filed March 3, 2008; removed to federal court March 14, 2008)
Albritton v. Cisco Systems, No. 6:2008-cv-00089 (E.D. Tex. March 14, 2008).
Status: Settled
See also Ward v. Cisco Systems.
Eric Albritton and T. John Ward, Jr., two attorneys representing a company which claims that Cisco violated its patents (in ESN, LLC v. Cisco Systems, Inc., Civil No. 07-00156 (E.D.Tex. stipulated dismissal Nov. 2, 2007)) both filed their own lawsuits against the author of the Patent Troll Tracker blog (www.trolltracker.blogspot.com; now members only).
The defamation suits claim that a posting on the blog defamed the attorneys by alleging that although the patent suit had been filed on Oct. 15, 2007 (the day before the patent at issue was granted), the attorneys got the court clerk to change the date to Oct. 16, 2007 in order to avoid having the case dismissed. (They parties eventually agreed to a stipulated dismissal of the patent case in Texas, although another case in Connecticut is still pending.)
After a four day trial, the parties reached a confidential settlement on Sept. 22, just as the case was due to be presented to the jury.
Links and Court Documents:
State complaint: http://patentlyo.com/patent/law/ESN.Complaint.pdf
Federal docket: http://news.justia.com/cases/featured/texas/txedce/6:2008cv00089/108629/
http://www.law.com/newswire/cache/1202433833679.html
http://www.law.com/newswire/cache/1202433888643.html
http://www.law.com/newswire/cache/1202433934721.htm
http://www.law.com/jsp/article.jsp?id=1202433996591
Albritton v. Cisco Systems, No. 6:2008-cv-00089 (E.D. Tex. March 14, 2008).
Status: Settled
See also Ward v. Cisco Systems.
Eric Albritton and T. John Ward, Jr., two attorneys representing a company which claims that Cisco violated its patents (in ESN, LLC v. Cisco Systems, Inc., Civil No. 07-00156 (E.D.Tex. stipulated dismissal Nov. 2, 2007)) both filed their own lawsuits against the author of the Patent Troll Tracker blog (www.trolltracker.blogspot.com; now members only).
The defamation suits claim that a posting on the blog defamed the attorneys by alleging that although the patent suit had been filed on Oct. 15, 2007 (the day before the patent at issue was granted), the attorneys got the court clerk to change the date to Oct. 16, 2007 in order to avoid having the case dismissed. (They parties eventually agreed to a stipulated dismissal of the patent case in Texas, although another case in Connecticut is still pending.)
After a four day trial, the parties reached a confidential settlement on Sept. 22, just as the case was due to be presented to the jury.
Links and Court Documents:
State complaint: http://patentlyo.com/patent/law/ESN.Complaint.pdf
Federal docket: http://news.justia.com/cases/featured/texas/txedce/6:2008cv00089/108629/
http://www.law.com/newswire/cache/1202433833679.html
http://www.law.com/newswire/cache/1202433888643.html
http://www.law.com/newswire/cache/1202433934721.htm
http://www.law.com/jsp/article.jsp?id=1202433996591
Cretella v. Kuzminski, Civil No. 08-109 (E.D. Va. jury verdict for plaintiffs Feb. 4, 2009).
Status: $236,000 jury award ($120,000 compensatory, $116,000 punitive) remittited to $53,000 ($30,000 compensatory, $23,000 punitive), 2009 WL 2423368 (E.D. Va. July 31, 2009).
In February 2007, plaintiff Victor Cretella, who was then outside counsel for the on-demand publishing firm PublishAmerica, sent a cease-and-desist letter to Christine Norris, who had referred to the company as "a scam" in comments she posted to forum section of the Absolute Write website (http://www.absolutewrite.com). Norris reacted to the letter by posting additional comments to the forum, restating her complaints against PublishAmerica and inviting the company to "Bring. It. On." Many other commenters in the Absolute Write forum posted comments expressing support for Norris.
One of these was defendant David Kuzminski, who also posted comments about the controversy on his own website, Preditors and Editors (http://www.anotherealm.com/prededitors/), a resource guide for writers. The commentary by Kuzminski and others on the Absolute Write site and other sites, and by Kuzminski on his own site, continued when Cretella accepted the position as general counsel of PublishAmerica.
Cretella sued Kuzminski over a number of his comments. After pre-trial motions, defamation claims remained against nine comments by Kuzminski: seven on the Absolute Write site, one on his own site, and one on another site.
After a two-day trial, the jury awarded a total of $236,000 in damages ($120,000 compensatory, $116,000 punitive). On a post-trial motion for judgment as a matter of law or remittitur, the court offered a remittitur to $53,000 ($30,000 compensatory, $23,000 punitive), or a new trial. 2009 WL 2423368 (E.D. Va. July 31, 2009).
The plaintiff accepted the remittitur on Aug. 14.
Links and Court Documents:
http://www.citmedialaw.org/threats/cretella-v-kuzminski
http://valawyersweekly.com/blog/2009/08/10/defamed-lawyer%E2%80%99s-win-is-reduced/
Status: $236,000 jury award ($120,000 compensatory, $116,000 punitive) remittited to $53,000 ($30,000 compensatory, $23,000 punitive), 2009 WL 2423368 (E.D. Va. July 31, 2009).
In February 2007, plaintiff Victor Cretella, who was then outside counsel for the on-demand publishing firm PublishAmerica, sent a cease-and-desist letter to Christine Norris, who had referred to the company as "a scam" in comments she posted to forum section of the Absolute Write website (http://www.absolutewrite.com). Norris reacted to the letter by posting additional comments to the forum, restating her complaints against PublishAmerica and inviting the company to "Bring. It. On." Many other commenters in the Absolute Write forum posted comments expressing support for Norris.
One of these was defendant David Kuzminski, who also posted comments about the controversy on his own website, Preditors and Editors (http://www.anotherealm.com/prededitors/), a resource guide for writers. The commentary by Kuzminski and others on the Absolute Write site and other sites, and by Kuzminski on his own site, continued when Cretella accepted the position as general counsel of PublishAmerica.
Cretella sued Kuzminski over a number of his comments. After pre-trial motions, defamation claims remained against nine comments by Kuzminski: seven on the Absolute Write site, one on his own site, and one on another site.
After a two-day trial, the jury awarded a total of $236,000 in damages ($120,000 compensatory, $116,000 punitive). On a post-trial motion for judgment as a matter of law or remittitur, the court offered a remittitur to $53,000 ($30,000 compensatory, $23,000 punitive), or a new trial. 2009 WL 2423368 (E.D. Va. July 31, 2009).
The plaintiff accepted the remittitur on Aug. 14.
Links and Court Documents:
http://www.citmedialaw.org/threats/cretella-v-kuzminski
http://valawyersweekly.com/blog/2009/08/10/defamed-lawyer%E2%80%99s-win-is-reduced/
Sollami v. Sheppard, No. 007550/2003 (N.Y. Sup. Ct., Orange County filed Oct. 6, 2004).
Status: Mistrial declared May 21, 2007; after jury in retrial awarded $2,400 in compensatory and $500 in punitive damages on Aug. 17, 2009, the parties reached a settlement with no monetary payment
In August 2006, the Appellate Division reversed a trial court ruling dismissing former Cornwall Supervisor Jim Sollami's defamation case against Tom Sheppard, who publishes the blog Cornball-local.com. The appeals court held (21 A.D.3d 408, 799 N.Y.S.2d 427, 2005 N.Y. Slip Op. 06311 (N.Y. Sup.Ct.
Trial began May 15, 2007, but a mistrial was declared after Sollami’s attorney fell ill. Sollami was later ordered to pay Sheppard's attorney fees for the trial.
A retrial was held in August 2009. After a six-day trial, on Aug. 17 the jury awarded Sollami $2,400 in compensatory damages on two of the five defamation claims. The jury also erroneously awarded $500 in punitive damages: although the judge had barred punitives, the punitive damages question was mistakenly left on the verdict sheet.
After the verdict, the parties reached a stipulated settlement with no award to either side, and both waived their right to appeal.
Links and Court Documents:
http://www.citmedialaw.org/threats/sollami-v-sheppard
Appellate Division decision and order: http://www.courts.state.ny.us/reporter/3dseries/2005/2005_06311.htm
http://www.recordonline.com/archive/2005/08/12/blogthis.htm
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20070522/NEWS/705220323
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20090816/NEWS/908160332
Status: Mistrial declared May 21, 2007; after jury in retrial awarded $2,400 in compensatory and $500 in punitive damages on Aug. 17, 2009, the parties reached a settlement with no monetary payment
In August 2006, the Appellate Division reversed a trial court ruling dismissing former Cornwall Supervisor Jim Sollami's defamation case against Tom Sheppard, who publishes the blog Cornball-local.com. The appeals court held (21 A.D.3d 408, 799 N.Y.S.2d 427, 2005 N.Y. Slip Op. 06311 (N.Y. Sup.
Trial began May 15, 2007, but a mistrial was declared after Sollami’s attorney fell ill. Sollami was later ordered to pay Sheppard's attorney fees for the trial.
A retrial was held in August 2009. After a six-day trial, on Aug. 17 the jury awarded Sollami $2,400 in compensatory damages on two of the five defamation claims. The jury also erroneously awarded $500 in punitive damages: although the judge had barred punitives, the punitive damages question was mistakenly left on the verdict sheet.
After the verdict, the parties reached a stipulated settlement with no award to either side, and both waived their right to appeal.
Links and Court Documents:
http://www.citmedialaw.org/threats/sollami-v-sheppard
Appellate Division decision and order: http://www.courts.state.ny.us/reporter/3dseries/2005/2005_06311.htm
http://www.recordonline.com/archive/2005/08/12/blogthis.htm
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20070522/NEWS/705220323
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20090816/NEWS/908160332
Hammitt v. Busbin, Civil No. 07-13353 (Ga. Super., Chattooga County filed Dec. 12, 2007).
Status: Jury verdict for defendants (Aug. 4, 2009).
After withdrwaing their previous suit, Ed and Brenda Hammitt refiled their suit against operator of the RomeNewsbyWatson.com news and commentary blog over comments posted by a user of the site (with the pseudonym "dirtyboy") that accused them of growing marjuana and accused Ed Hammitt of defrauding the local electric company.
The suit named the poster, who was discovered to be Ken Busbin, and webmaster Teresa Watson, who they claimed encouraged such comments and actively edited them.
After a two-day trial in the Georgia Superior Court in Summerville, Ga., on Aug. 4, 2009 the jury held that webmaster Watson was not liable for the comments posted on her site, and that the comment at issue was not libelous.
Links and Court Documents:
http://rn-t.com/bookmark/3079120
http://rn-t.com/bookmark/3080502
http://www.rn-t.com/printer_friendly/3080502
Status: Jury verdict for defendants (Aug. 4, 2009).
After withdrwaing their previous suit, Ed and Brenda Hammitt refiled their suit against operator of the RomeNewsbyWatson.com news and commentary blog over comments posted by a user of the site (with the pseudonym "dirtyboy") that accused them of growing marjuana and accused Ed Hammitt of defrauding the local electric company.
The suit named the poster, who was discovered to be Ken Busbin, and webmaster Teresa Watson, who they claimed encouraged such comments and actively edited them.
After a two-day trial in the Georgia Superior Court in Summerville, Ga., on Aug. 4, 2009 the jury held that webmaster Watson was not liable for the comments posted on her site, and that the comment at issue was not libelous.
Links and Court Documents:
http://rn-t.com/bookmark/3079120
http://rn-t.com/bookmark/3080502
http://www.rn-t.com/printer_friendly/3080502
Banks v. Milum, No. _____ (Ga. Ga.
Status: $50,000 award for plaintiff affirmed
NOTE: This is the first case against a true blogger of which MLRC is aware that has gone to trial and resulted in a liability verdict.
Attorney Rafe Banks III sued political activist David Milum for statements made on his website on local politics inForsyth County , Georgia
Status: $50,000 award for plaintiff affirmed
NOTE: This is the first case against a true blogger of which MLRC is aware that has gone to trial and resulted in a liability verdict.
Attorney Rafe Banks III sued political activist David Milum for statements made on his website on local politics in
Links and Court Documents:
http://www.citmedialaw.org/banks-v-milum
http://www.forsythnews.com/news/stories/20060129/localnews/61856.shtml
http://www.forsythnews.com/news/stories/20060129/opinion/61864.shtml
http://www.forsythnews.com/news/stories/20060125/localnews/60583.shtml
http://www.law.com/jsp/article.jsp?id=1173363835339
http://www.forsythnews.com/news/stories/20070308/localnews/160529.shtml
Appellate decision: http://www.dailyreportonline.com/Editorial/PDF/PDF%20Archive/A06A2_394.pdf
Subscribe to:
Posts (Atom)