It's often said that bad cases make bad law. In the case of a decision issued by a New Jersey state court back in December, a bad case has also made for bad law commentary.
You may have heard about the Apex Technology case, which we covered in our Legal Threats Database. In a broad order issued days before the Christmas holiday, a New Jersey court issued the takedown of three websites critical of the H-1B visa program, which allows skilled foreigners to work in the U.S.
The order was issued in connection with a defamation case in which Apex Technology Group, Inc. sued the anonymous posters of comments on the Endh1b.com blog (now offline), accusing Apex of not paying the workers it placed and other improprieties.
Apex e-mailed Endh1b.com, seeking removal of the comments. Instead of complying, Endh1b.com posted the e-mail, made further accusations against Apex, and solicited funds for a legal defense. The offending posts about Apex also appeared on other sites opposing the H-1B visa program, including www.itgrunt.com and www.guestworkerfraud.com. read more »