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 internet; blogger. Show all posts
Showing posts with label internet; blogger. Show all posts
Welch v. University of San Diego
Welch v. University of San Diego (4/2/15)
STATUS: Court rules in favor of anti-SLAPP lawsuit.
Cal.App.: Law Professor Blogger Wins Anti-SLAPP Ruling But It's Hard to Celebrate the Win
Technology & Marketing Law Blog (Eric Goldman)
On the surface, this is a nice courtroom victory for legal bloggers. It suggests that legal blogging should be protected by both the fair reporting privilege as well as California's strong anti-SLAPP legislation.
http://blog.ericgoldman.org/archives/2015/04/law-professor-blogger-wins-anti-slapp-ruling-but-its-hard-to-celebrate-the-win-welch-v-usd.htm
Opinion:
http://pdfserver.amlaw.com/nlj/welch%20ruling%200408.pdf
STATUS: Court rules in favor of anti-SLAPP lawsuit.
Cal.App.: Law Professor Blogger Wins Anti-SLAPP Ruling But It's Hard to Celebrate the Win
Technology & Marketing Law Blog (Eric Goldman)
On the surface, this is a nice courtroom victory for legal bloggers. It suggests that legal blogging should be protected by both the fair reporting privilege as well as California's strong anti-SLAPP legislation.
http://blog.ericgoldman.org/archives/2015/04/law-professor-blogger-wins-anti-slapp-ruling-but-its-hard-to-celebrate-the-win-welch-v-usd.htm
Opinion:
http://pdfserver.amlaw.com/nlj/welch%20ruling%200408.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
Fiddler's Creek Foundation v. Schutt
Fiddler's Creek Foundation v. Schutt (January 25, 2013)
STATUS: Suit brought in Florida Circuit Court on January 25, 2013.
Fiddler's Creek Suits Become Latest in Libel, Slander Cases Involving Libel
Naples News
http://www.naplesnews.com/news/2013/apr/08/fiddlers-creek-suit-libel-slander-blog-schutt-hoa/
Complaint:
http://media.naplesnews.com/media/static/FIddlersCreekVSchutt.pdf
STATUS: Suit brought in Florida Circuit Court on January 25, 2013.
Fiddler's Creek Suits Become Latest in Libel, Slander Cases Involving Libel
Naples News
http://www.naplesnews.com/news/2013/apr/08/fiddlers-creek-suit-libel-slander-blog-schutt-hoa/
Complaint:
http://media.naplesnews.com/media/static/FIddlersCreekVSchutt.pdf
McGibney v. Moore
McGibney v. Moore (October 24, 2012)
STATUS: Judgement entered against defendant on March 8, 2013.
Nev. Dist.: Revenge Porn Site Founder Loses $250k Defamation Suit
Ars Technica
In a decision at the Clark County, Nevada district court, Randazza Legal Group secured a $250,000 judgment against IsAnyoneUp site founder, Hunter Moore. This particular defamation case was not related to Moore's revenge porn activities, but instead focused on statements Moore issued about McGibney.
http://arstechnica.com/tech-policy/2013/03/revenge-porn-site-founder-loses-250k-defamation-suit/
Decision:
http://bv.1110.cds.contentcolo.net/uploads/files/Executed%20Moore%20Judgement.pdf
STATUS: Judgement entered against defendant on March 8, 2013.
Nev. Dist.: Revenge Porn Site Founder Loses $250k Defamation Suit
Ars Technica
In a decision at the Clark County, Nevada district court, Randazza Legal Group secured a $250,000 judgment against IsAnyoneUp site founder, Hunter Moore. This particular defamation case was not related to Moore's revenge porn activities, but instead focused on statements Moore issued about McGibney.
http://arstechnica.com/tech-policy/2013/03/revenge-porn-site-founder-loses-250k-defamation-suit/
Decision:
http://bv.1110.cds.contentcolo.net/uploads/files/Executed%20Moore%20Judgement.pdf
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
Bierman & Weier v. Weier & Author Solutions
Bierman & Weier v. Weier & Author Solutions (court filed date)
Iowa Supreme Court: Internet Publishes Protected from Libel Suits
Des Moine Register
The Iowa Supreme Court has given protections against libel lawsuits to Internet publishes but have declined to extend them to average citizens, a ruling that media lawyers called significant.
http://www.desmoinesregister.com/viewart/20130122/NEWS01/301220041/Iowa-Supreme-Court-Internet-publishers-protected-from-libel-suits
Opinion: http://www.iowacourts.gov/Supreme_Court/Recent_Opinions/20130118/10-1503.pdf
Iowa Supreme Court: Internet Publishes Protected from Libel Suits
Des Moine Register
The Iowa Supreme Court has given protections against libel lawsuits to Internet publishes but have declined to extend them to average citizens, a ruling that media lawyers called significant.
http://www.desmoinesregister.com/viewart/20130122/NEWS01/301220041/Iowa-Supreme-Court-Internet-publishers-protected-from-libel-suits
Opinion: http://www.iowacourts.gov/Supreme_Court/Recent_Opinions/20130118/10-1503.pdf
Chevaldina v. R.K./ FI Management, Inc.
Chevaldina v. R.K./FI Management, Inc., No.3612-3189 (12/14/12)
STATUS: Blogger appealing preliminary injunction.
Fla.App.: Blogger Appeals Preliminary Injunction in Libel Case
The defendant wrote critical blog posts about a shopping center owner and its leasing practices and was sued for defamation and related claims. In November a circuit court judge enjoined the defendant from writing "defamatory" blogs in the future.
Appellate Brief: Chevaldina v. R.K./ FI Management, Inc.
http://www.medialaw.org/images/medialawdaily/chevaldina.pdf
STATUS: Blogger appealing preliminary injunction.
Fla.App.: Blogger Appeals Preliminary Injunction in Libel Case
The defendant wrote critical blog posts about a shopping center owner and its leasing practices and was sued for defamation and related claims. In November a circuit court judge enjoined the defendant from writing "defamatory" blogs in the future.
Appellate Brief: Chevaldina v. R.K./ FI Management, Inc.
http://www.medialaw.org/images/medialawdaily/chevaldina.pdf
ZAGG v. Catanach
Zagg v. Catanach ( 9/27/12)
E.D.Pa.: Business School Professors May Be Liable for Defamatory Blog Posts
Technology & Marketing Law Blog (Eric Goldman)
The lawsuit involves a blog post "Don't Gag on Zagg". They appear to have removed the post, but it was widely distributed and discussed.
http://blog.ericgoldman.org/archives/2012/09/business_school.htm
Memorandum: http://www.paed.uscourts.gov/documents/opinions/12d0938p.pdf
E.D.Pa.: Business School Professors May Be Liable for Defamatory Blog Posts
Technology & Marketing Law Blog (Eric Goldman)
The lawsuit involves a blog post "Don't Gag on Zagg". They appear to have removed the post, but it was widely distributed and discussed.
http://blog.ericgoldman.org/archives/2012/09/business_school.htm
Memorandum: http://www.paed.uscourts.gov/documents/opinions/12d0938p.pdf
Parks v. Vibe Holdings
Parks v. Vibe Holdings (5/22/2012)
STATUS: Complaint filed on May 22, 2012.
N.D.Ga: Attorney-TV Star Sues Vibe.com
Courthouse News
An attorney who stars in "Real Housewives of Atlanta" claims in court that an Internet publishing company defamed her in articles accusing her of being "a crooked attorney who knows how to commit crimes, has committed crimes, and knows how to cover up her criminal activity".
http://www.courthousenews.com/2012/05/24/46784.htm
>> Complaint: Parks v. Vibe Holdings
http://www.courthousenews.com/2012/05/24/Phaedra.pdf
STATUS: Complaint filed on May 22, 2012.
N.D.Ga: Attorney-TV Star Sues Vibe.com
Courthouse News
An attorney who stars in "Real Housewives of Atlanta" claims in court that an Internet publishing company defamed her in articles accusing her of being "a crooked attorney who knows how to commit crimes, has committed crimes, and knows how to cover up her criminal activity".
http://www.courthousenews.com/2012/05/24/46784.htm
>> Complaint: Parks v. Vibe Holdings
http://www.courthousenews.com/2012/05/24/Phaedra.pdf
Richey v. Walker
Richey v. Walter (May 3, 2012)
STATUS: Complaint filed on May 3, 2012.
GA. Super.: Party Official Says Blogs Labeled Him Jail Bird
Courthouse News
Rashad Richey, Political Director for the Democratic Party of Georgia, claims in court that two bloggers slandered him as a "jail bird" and "recidivist".
http://www.courthousenews.com/2012/05/09/46348.htm
>>Complaint:
http://www.courthousenews.com/2012/05/09/GaPolitics.pdf
STATUS: Complaint filed on May 3, 2012.
GA. Super.: Party Official Says Blogs Labeled Him Jail Bird
Courthouse News
Rashad Richey, Political Director for the Democratic Party of Georgia, claims in court that two bloggers slandered him as a "jail bird" and "recidivist".
http://www.courthousenews.com/2012/05/09/46348.htm
>>Complaint:
http://www.courthousenews.com/2012/05/09/GaPolitics.pdf
Obsidian Finance Group v. Cox
UPDATE: Appeals Court overturns decision against blogger.
9th.Cir.: Appeals Court Overturns Defamation Award Against Blogger
Los Angeles Times
An appeals court unanimously overturned a defamation award against a blogger Friday, ruling that 1st Amendment protections for traditional news media extend to individuals posting on the web.
http://www.latimes.com/local/la-me-blogger-1st-amendment-20140118%2C0%2C3524030.story#axzz2qxac8PR6
Opinion: http://cdn.ca9.uscourts.gov/datastore/opinions/2014/01/17/12-35238.pdf
UPDATE: District Court affirm original decisions, finding Cox liable for $2.5 million in damages.
D.Ore.: Investigative Blogger Must Pay $2.5 Million
Courthouse News Service
A self-described investigative blogger must pay a financial company $2.5 million for a single post in which she accused it of tax fraud, after a federal judge refused to grant her request for a new trial.
http://www.courthousenews.com/2012/03/29/45154.htm
>>Opinion: Obsidian Finance Group v. Cox
http://www.courthousenews.com/2012/03/29/CoxOrder.pdf
STATUS: Jury found Cox liable for defamation in December of 2011. The EFF filed a brief to reinstate the case on January 11, 2012.
Ore. Dist.: Oregon Defamation Decision Could Chill Free Speech
Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) urged an Oregon district court in a friend-of-the court brief to overturn a multi-million dollar defamation verdict against a blogger that could chill free speech.
https://www.eff.org/press/releases/oregon-defamation-decision-could-chill-free-speech
>>Amicus Brief: Obsidian Finance Group v. Cox
https://www.eff.org/sites/default/files/filenode/coxamicus.pdf
9th.Cir.: Appeals Court Overturns Defamation Award Against Blogger
Los Angeles Times
An appeals court unanimously overturned a defamation award against a blogger Friday, ruling that 1st Amendment protections for traditional news media extend to individuals posting on the web.
http://www.latimes.com/local/la-me-blogger-1st-amendment-20140118%2C0%2C3524030.story#axzz2qxac8PR6
Opinion: http://cdn.ca9.uscourts.gov/datastore/opinions/2014/01/17/12-35238.pdf
UPDATE: District Court affirm original decisions, finding Cox liable for $2.5 million in damages.
D.Ore.: Investigative Blogger Must Pay $2.5 Million
Courthouse News Service
A self-described investigative blogger must pay a financial company $2.5 million for a single post in which she accused it of tax fraud, after a federal judge refused to grant her request for a new trial.
http://www.courthousenews.com/2012/03/29/45154.htm
>>Opinion: Obsidian Finance Group v. Cox
http://www.courthousenews.com/2012/03/29/CoxOrder.pdf
STATUS: Jury found Cox liable for defamation in December of 2011. The EFF filed a brief to reinstate the case on January 11, 2012.
Ore. Dist.: Oregon Defamation Decision Could Chill Free Speech
Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) urged an Oregon district court in a friend-of-the court brief to overturn a multi-million dollar defamation verdict against a blogger that could chill free speech.
https://www.eff.org/press/releases/oregon-defamation-decision-could-chill-free-speech
>>Amicus Brief: Obsidian Finance Group v. Cox
https://www.eff.org/sites/default/files/filenode/coxamicus.pdf
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