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Purcell v. Ewing

Date: 

09/17/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Oliver Ewing

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal
State

Court Name: 

Court of Common Pleas of Penn., Dauphin County; U.S. District Court for the Middle District of Pennsylvania

Case Number: 

2007-CV-9043 (Dauphin County); 1:07-CV-1857 (M.D. Pa.)

Legal Counsel: 

Peter J. Speaker; James K. Thomas, II

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)

Description: 

Beginning in September 2006, Oliver Ewing allegedly posted several derogatory
comments about Milton Purcell using the alias “prosecute” on various forums, including PennLive.com, which focuses on civic and news information about the central Pennsylvania region, where Purcell lives.

According to filings in the case, the postings included a picture of Purcell and referred to him as a "pervert" and suggested that he had a "full time criminal defense attorney on his payroll," insinuating that Purcell was a criminal.

On September 4, 2007, Purcell sued Ewing for defamation in the Court of Common Pleas of Pennsylvania, Dauphin County.  Shortly thereafter, Ewing successfully removed the case to federal court whereupon he filed a motion to dismiss, arguing that the postings were opinion and thus non-defamatory as a matter of law.

On May 22, 2008, the district court granted Ewing's motion to dismiss.

Jurisdiction: 

Content Type: 

Subject Area: 

Priority: 

1-High

Mayflower Transit v. Prince

Date: 

10/30/2000

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Dr. Brett Prince

Type of Party: 

Large Organization

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the District of New Jersey

Case Number: 

2:00-cv-05354-JLL-RJH

Legal Counsel: 

John J. Pischeria, Dennis A. Cipriano

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (partial)
Material Removed
Settled (total)

Description: 

Dr. Brett Prince contacted Mayflower Transit company, a moving company that uses the service mark MAYFLOWER, to assist him with a move.  Prince eventually contracted with Lincoln Storage, a company that he believed was a local affiliate of Mayflower.  Some of Prince's belongings were stolen during the move, and Prince was very dissatisfied with his experience.

In March 2000, Prince developed a series of websites critical of Mayflower and used the name Mayflower in the domain names.  He registered the domains "mayflowervanlinebeware.com" and "mayflowervanline.com," among others.   The "gripe sites" warned customers against using Mayflower based on Prince's claimed bad experience with the company.   Mayflower disputed that it was ever involved in Prince's move, claiming that only Lincoln Storage was involved.

On October 30, 2000, Mayflower sued Prince, claiming a violation of the Anticybersquatting Consumer Protection Act (ACPA).  Mayflower also asserted claims for libel, trade libel, and trademark dilution.

The district court granted Prince's motion to dismiss the trademark claims, determining that the gripe sites did not violate the ACPA because Prince was not attempting to profit financially from Mayflower's name.  Thus, the sites constitued a "bona fide noncommercial or fair use of the mark."  The court allowed the libel claims to proceed

In May 2004, the parties settled the case.  It appears that as a result of the settlement, Prince's websites were taken down (they are no longer accessible).

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Westlaw Alert

CMLP Notes: 

Source: Westclip

Priority: 

1-High

ePerks.com v. Zablotskyy

Date: 

02/13/2008

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Volodymyr Zablotskyy

Type of Party: 

Organization

Type of Party: 

Individual

Publication Medium: 

Blog

Status: 

Concluded

Disposition: 

Lawsuit Filed
Material Removed

Description: 

Vlad Zablotskyy, a former real estate agent and operator of Go Beyond MLS, a blog that is focused on "using modern media and Internet as a marketing tool in the real estate industry," was sued by Brabus Ventures Corporation, which operates ePerks.com, a provider of sales leads for real estate agents. 

From August 2007 through February 2008, Zablotskyy wrote several blog posts criticizing ePerks.com and questioning whether ePerks was a scam. Following the posting of a number of negative comments about the company in response to Zablotskyy's posts, an ePerks attorney sent correspondence in February 2008 demanding that Zablotskyy remove all ePerks-related content from his site and cease writing about the company in the future.

Zablotskyy removed some of the material from his blog and created a post explaining why he did so.  As a result of that post, Brabus Ventures sued Zablotskyy in California Superior Court.  See the related entry in the CMLP Database, Brabus Ventures v. Zablotskyy.

Jurisdiction: 

Content Type: 

Subject Area: 

Brabus Ventures v. Zablotskyy

Date: 

06/04/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Volodymyr Zablotskyy; Does 1-10

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of California, County of Alameda

Case Number: 

VG08390958

Legal Counsel: 

Karl S. Kronenberger - Kronenberger Burgoyne

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

Vlad Zablotskyy, a former real estate agent and operator of Go Beyond MLS, a blog that is focused on "using modern media and Internet as a marketing tool in the real estate industry," was sued by Brabus Ventures Corporation, which operates ePerks.com, a provider of sales leads for real estate agents. 

From August 2007 through February 2008, Zablotskyy wrote several blog posts criticizing ePerks.com and questioning whether ePerks was a scam. Following the posting of a number of negative comments about the company in response to Zablotskyy's posts, an ePerks attorney sent correspondence in February 2008 demanding that Zablotskyy remove all ePerks-related content from his site and cease writing about the company in the future.

Zablotskyy removed some of the material from his blog and created a post explaining why he did so.  As a result of that post, Brabus Ventures asserts in its complaint that Zablotskyy defamed the company and its products by stating that it had falsely accused Zablotskyy of being a child molester on Yahoo! Answers.  (Although the copy of the allegedly defamatory post that plaintiff attached to its complaint does not directly attribute the child molestation charge to Brabus Ventures or ePerks, another blogger has attempted to tie the Yahoo! Answers post to an IP address range associated with ePerks.)

On September 5, 2008, Zablotskyy filed a motion to quash the summons and complaint, arguing that the California court lacks personal jurisdiction over him because he is a resident of New Jersey.

On October 23, 2008, Plaintiffs voluntarily dismissed the action.

Jurisdiction: 

Content Type: 

Subject Area: 

Priority: 

1-High

Dixon v. The Watchdog

Date: 

01/01/2006

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Guy Martin; Bill Cochran; Melvin Douglas; Sandy Martin

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Montgomery County, Texas - 9th District Court

Publication Medium: 

Print
Website

Status: 

Pending

Disposition: 

Material Removed
Verdict (defendant)

Description: 

Johnny “J.D.” Dixon sued Guy Martin, Bill Cochran, Melvin Douglas, and Sandy Martin, the editors and coordinator of The Conroe Watchdog, a print newsletter and website that describes itself as providing "[t]he unfiltered truth about Conroe politics and your tax dollars." 

According to the Houston Community Newspapers, Dixon sued over statements in a September 2006 edition of "The Watchdog" that accused him of using money and alcohol to buy votes during the 2006 Conroe City Council runoff election between Councilman Jay Ross Martin and his brother Guy Martin, editor of the newsletter and website.  At trial, Jay Ross Martin, who eventually won the election, adamantly denied the accusations, and testified that he would never buy votes and, based on what he knows about Dixon, neither would Dixon. 

In July 2008, a Montgomery County jury ruled in favor of the defendants, finding that the statements in the September 2006 publication of “The Watchdog” were not defamatory, the Houston Community Newspapers reported.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

6/17/09 - no information available (CMF)

Priority: 

1-High

Riddle v. Myers

Date: 

01/07/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Chris Myers; "Another Leverette Teacher"

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Lucas County, Ohio Court Of Common Pleas

Case Number: 

G-4801-CI-200801115-000

Legal Counsel: 

C. William Bair; Fan Zhang; Salvatore C. Molaro

Publication Medium: 

Website

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

Steven Riddle, the principal of Leverette Junior High School, filed a defamation lawsuit against Chris Myers, the operator of SwampBubbles, a website that describes itself as " a user centered site dedicated to breaking news and political discussion of Toledo and Northwest Ohio," claiming that the site has been posting items that are "false and defamatory."

According to the complaint, defamatory postings were written by at least three unnamed people in response to a story on the site about a Leverette school employee charged with sexually assaulting a student. 

Riddle also named as a defendant "Another Leverette Teacher," which the complaint did not name.  According to the ToledoBlade.com, the complaint also requested that Myers be ordered to provide facts that would allow Riddle "to identify the persons who defamed him."

Update:

On March 3, 2008, Meyers filed a Motion For Protective Order and in the Alternative, Motion For Summary Judgment.

On September 23, 2008, the court scheduled an oral hearing on Myers' Motion for Protective Order and in the Alternative, Motion for Summary Judgment for October 30, 2008 at 11:00 a.m.

On November 14, 2008, plaintiff filed a notice of dismissal without prejudice which the Court granted.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

To-Do: Get court documents

Priority: 

1-High

Tyler v. Does

Date: 

09/24/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Does 1-20

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court for the State of California, County of Los Angeles, Central District

Case Number: 

BC398715

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Description: 

Aerosmith singer Steven Tyler filed suit against anonymous Blogspot bloggers who allegedy impersonated him and girlfriend Erin Brady.  Tyler brought claims of false light invasion of privacy, publication of private facts, and misappropriation of likeness.  

The defendants allegedly created at least two Blogspot blogs that impersonated Tyler and his girlfriend.  The blog tylers849021.blogspot.com (now removed) allegedly featured photos of Tyler and discussed details about Tyler's private life. The blogger posted under the name "STEVEN" and signed each post "ST."  A similar blog -- shelikespurple.blogspot.com -- allegedly impersonated Brady in the same manner. 

Though Tyler named 20 John Does as defendants, his complaint suggests that a single blogger may have engaged in the alleged acts.  The complaint also alleges that the defendants previously had operated similar blogs that Tyler convinced Google to take down in 2007.

Tyler's lawsuit, which he filed in California Superior Court, seeks a preliminary and permanent injunction against the blogger(s) as well as damages.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

RSS

CMLP Notes: 

From Likelihood of Confusion blog.

Priority: 

1-High

Gilchrist v. Young

Date: 

04/16/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Brook Young; Barbara Coe; Chelene Nightingale; Marvin L. Stewart; Deborah Ann Peterson; Paul Sielski; Does 1-100

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of California, Orange County

Case Number: 

30-2008-00105431

Legal Counsel: 

Daniel F. Lula - Payne & Fears LLP

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)

Description: 

In April 2008, Jim Gilchrist, an immigration enforcement activist and founder of the Minuteman Project, filed a lawsuit against Brook Young of Immigration Watchdog, Chelene Nightingale of Save Our State, Barbara Coe of California Coalition for Immigration Reform, Minuteman Project Treasurer Deborah Peterson, and Minuteman Project President Marvin Stewart. The lawsuit claimed that the defendants defamed Gilchrist by publishing statements "to the effect that [Minuteman Project] corporate funds were being misused, embezzled, and that theft and fraud was being committed by [Gilchrist and his colleague Stephen Eichler]." Cmplt. ¶ 12. It also alleged that the defendants invaded Gilchrist's privacy by publishing his address and a photograph of his driver's license on the Internet. Id. ¶ 25.

The defendants moved to strike the complaint pursuant to California's anti-SLAPP law. The court granted the motion in August 2008, dismissing the case and awarding Barbara Coe more than $9000 in attorneys fees. The other defendants have filed motions seeking attorneys fees as well. These motions are pending.

Update:

11/19/2008 - Judgment entered against Gilchrist awarding Nightengale more than $10,000 in attorneys fees.

 

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

The OC Register article references a similar lawsuit brought by Steve Eichler, an associate of Gilchrist. Whoever edits this threat should look into that case to see if it merits inclusion here or a separate threat entry. {MCS}

Looks to me like the Eichler suit focuses on the non-online-speakers. smb

Updated 2/19/2009 VAF

Priority: 

1-High

Marc Randazza: First Amendment Juggernaut

My good friend Marc Randazza has given me the green light on an exciting piece of news.  On September 11, 2008, Florida Circuit Court Judge George Sprinkle entered a default judgment in favor of Randazza's client Larry Giles, operator of the Veranda Park News, an online newspaper offering observations and commentary on events and aesthetic issues in Giles's development community.  The court

Jurisdiction: 

Content Type: 

Subject Area: 

Powermark Homes v. John Doe

Date: 

05/25/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

John Doe; Domains By Proxy Inc.

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Common Pleas Court, Cuyahoga County, Ohio

Case Number: 

CV 07-625465

Legal Counsel: 

Edward A Icove; Gregory A Beck - Public Citizen Litigation Group; Christopher Bechhold

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)

Description: 

Powermark Homes Inc., a homebuilder in Ohio, and two of its principals, Mark and Lisa Powers, sued the anonymous operator of Powermark Homes Alert.  At the time of the suit, the homepage for the site included a picture of Mark and Lisa Powers and the statements "The Truth Exposed" and "Do you really want to do business with this Ohio Home Builder?"

On May 25, 2007, Plaintiffs filed a lawsuit against the site's operator identified only as "John Doe" and against Domains By Proxy Inc., the site's domain name registrar, asserting claims of defamation, misappropriation, false-light publicity, and disparagement.  Plaintiffs also sought a temporary restraining order "requiring Defendants to remove the false and defamatory website."  Neither the original complaint nor plaintiffs' amended complaint appear to identify with specificity the statements they claim are false and defamatory.

Plaintiffs subpoenaed Domains by Proxy for Doe's identifying information and also sent them DMCA takedown notices demanding that the site be taken down.   After Domains by Proxy notified Doe, he filed a pro se, anonymous answer and several motions to quash.  Shortly after Doe made these filings, the Public Citizen Litigation Group entered the case on Doe's behalf filed briefs in support of Doe's motions.

Update:

12/15/2008 - Court granted Doe and Domains by Proxy's motion to dismiss and motion for summary judgment respectively.  No written order was issued.  Docket entry reads:

D1 John Doe(Real Name Unknown) Motion To Dismiss Pltfs' Amended Complaint Edward A Icove 0019646, Filed 08/28/2007, Is Granted. D2 Domains By Proxy Inc. Motion For Summary Judgment Christopher Bechhold 0014192, Filed 10/11/2007, Is Granted. Final. Court Cost Assessed To The Plaintiff(S).

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Public Citizen

Priority: 

1-High

Ocean Towers Housing v. Stone

Date: 

10/02/2006

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Richard Stone

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of Los Angeles County; California Court of Appeal, Second Appellate District

Case Number: 

No. BC359619 (Superior Ct.); B198657 (Appellate)

Legal Counsel: 

Alan N. Goldberg; Maxine J. Lebowitz

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Description: 

Ocean Towers Housing Corp., the owner of an apartment building in Santa Monica, California filed a defamation lawsuit against one of its tenants Richard Stone, who accused the company of breaching its fiduciary duty to its shareholders.  According to filings in the case, in a posting on his website The Ocean View, Stone accused Ocean Towers of using company funds to finance a loan for a board member's nephew.  Stone claimed that the company did this despite statements that it lacked sufficient funds to engage in "much needed building repairs."

On December 22, 2006, Stone filed a motion to dismiss the suit under California's anti-SLAPP statute.  As an alternative reason for dismissal, Stone argued that his statements were priviliged because they litigation or were protected communications between parties who share an "interest" in an issue of direct and immediate concern.

The Superior Court denied the motion, finding that the statement constituted defamation per se and that there was evidence suggesting Stone's statements were false.  Further, the court found that Stone may have had malice in publishing the disputed statement.  The court also found that the litigation privilege didn't apply because both Stone and his comments were unrelated to the other Ocean Towers lawsuit.

Stone appealed to California's Second Appellate District.  The appeals court affirmed the ruling on essentially the same grounds.  The court also explicitly rejected the "interest" privilege, which Stone argued had not been addressed in the trial court.  The court recognized that Stone might have qualified for the privilege if he had made his statements in a letter to another interested party, but it determined that posting a statement on the Internet does not prove the required intent to reach a specific interested party.

The case is scheduled to go to trial in L.A. Superior Court on 03/30/2009.

Update:

05/15/2009 - According to the case summary (search "BC359619"), the case was dismissed by the plaintiff without prejudice.  It appears that a settlement was reached.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Westlaw Alert

CMLP Notes: 

Can check for updates at the LA Superior Court link above. {MCS}

Updated 6/18/2009 (LB)

Priority: 

1-High

Shriners v. Hill

Date: 

09/01/2006

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

James Vernon Hill; Charity Watch Center, Inc.

Type of Party: 

Large Organization

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida

Case Number: 

06-007853

Legal Counsel: 

David M. Snyder (Hill)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Settled (total)

Description: 

Shriners Hospitals for Children and the Imperial Council of the Ancient Arabic Order of the Nobles of the Mystic Shrine for North America (collectively, "Shriners") sued James Vernon Hill and Charity Watch Center, Inc. for defamation in September 2006.  Hill and James Dolnier, who operated the Charity Watch website, published a series of articles questioning the Shriner's use of tax-exempt contributions. 

According to the complaint, these articles falsely suggested the following: "that the [Shriners] were violating the law by not properly using or applying contributed funds; that there is corruption within Shriners which has led to investigations by law enforcement agencies; and that money donated for charitable purposes is being used for non-charitable purposes." Cmplt. ¶ 13. 

The case settled in April 2008.  The terms of the settlement are not public.  Hill disputes that any of his statements were false and indicates that the case settled because of the economic burden of litigation.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

If you search around Newsvine (see links above), there's a lot more info on the Shriners that may be relevant. {MCS}

Priority: 

1-High

Wilbanks v. Wolk

Date: 

07/05/2001

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Gloria Wolk (dba Bialkin Books)

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of California, County of San Francisco; California Court of Appeals, First Appellate District

Case Number: 

CGC-01-322652 (trial), A101100 (appeal)

Legal Counsel: 

Philip R. Green (Law Offices of Green & Green); Wendy M. Lazerson (Holland & Knight); Thomas A. Trapani (Rankin Sproat & Pollack)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Settled (total)

Description: 

Scott Wilbanks, a viatical settlement broker, filed a defamation and unfair business practices lawsuit against Gloria Wolk, a former insurance agent and author of books on viatical settlements (viaticals are arrangements that allow dying persons with life insurance policies to sell their policies to investors for a percentage of the death benefits). 

According to Wilbanks's complaint, Wolk defamed him and his company on her website Viatical & Life Settlements Consumer Information, which provides information about settlement brokers, by publishing the following statements:

  • Be very careful when dealing with this broker. Wilbanks and Assoc. is under investigation by the CA dept. of insurance. The complaint originated with a California viator who won a judgment against Wilbanks. How many others have been injured but didn’t have the strength to do anything about it?
  • The company is under investigation. Stay tuned for details.
  • Wilbanks and Associates provided incompetent advice.
  • Wilbanks and Associates is unethical.

Wolk moved to strike the defamation claim under California's anti-SLAPP statute.  The court granted her motion and awarded Wolk $7,000 in attorney fees and costs.

On August 17, 2004, the California Court of Appeals reversed, finding that Wilbanks had shown a reasonable probability of success on the merits of his claims.

Update:

The California Superior Court's electronic docket states that the case was dismissed with prejudice on August 18, 2005, following settlement discussions in chambers. 

Jurisdiction: 

Content Type: 

Subject Area: 

Priority: 

1-High

Zwebner v. Doe

Date: 

09/02/2003

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

John Does aka Tobias95; John 1-100 Does

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of Florida

Case Number: 

1:03-cv-22328

Legal Counsel: 

L. Van Stillman

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

Michael J. Zwebner, CEO of penny-stock holding company Universal Communication Systems, sued a number of "Doe" defendants over statements on the Raging Bull financial message board that were critical of him and his company. 

Zwebner's 300+ page complaint seeks damages for harassment, defamation, and intentional infliction of emotional distress. 

On November 18, 2003, one of the anonymous defendants filed a motion to quash plaintiffs' subpoena to Lycos, operator of the Raging Bull forum.  Lycos also refused to comply with the subpoena after reviewing the complaint. 

On February 4, 2004, the court dismissed the case without prejudice due to Zwebner's failure to file a joint scheduling report.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Public Citizen

CMLP Notes: 

via cyberslapp

Priority: 

1-High

Zwebner v. Coughlin

Date: 

06/21/2005

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

James W Coughlin aka Irishjim44; Does 1-25

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of California

Case Number: 

3:05-cv-01263

Legal Counsel: 

Edward P Swan, Jr. - Luce Forward Hamilton and Scripps

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

Michael J. Zwebner, CEO of penny-stock holding company Universal Communication Systems, sued James Coughlin, a.k.a. IrishJim44, and 25 "Doe" defendants over statements on the Raging Bull financial message board that were critical of him and his company. According to the Miami New Times, "[i]t was the latest of five lawsuits Zwebner has filed since June 2004, all of them aimed at silencing people who have posted malicious messages about him on two Websites: Raging Bull and Bad Business Bureau."

Zwebner's complaint seeks damages for defamation and intentional infliction of emotional distress.

On July 15, 2005, defendants filed a Special Motion to Strike under California's anti-SLAPP law. The motion was granted, and the case was dismissed with fees and costs awarded to the defendants. Defendants also won on appeal to the Ninth Circuit. On remand to the district court, defendants won fees and costs arising from the appeal as well.

Zwebner had previously filed this action in federal court in Florida, but the court dismissed the case because Coughlin is a California resident and the court held that it lacked personal jurisdiction over him.  Zwebner, et al v. Coughlin, et al 05-CV-20168 (S.D. Fla)

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

DSA Editing

Priority: 

1-High

Arthur v. TMZ.com (state)

Date: 

04/21/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Howard K. Stern, Bonnie Stern; Lyndal Harrington; Art Harris; Nelda Turner; Teresa Stephens; Harvey Levin; TMZ Productions Inc.

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

District Court of Harris County, Texas

Case Number: 

No. 2008-24181

Legal Counsel: 

William W. Ogden (for Harington & Turner); Art Harris (pro se); Richard Wolf Hess (for Levin And TMZ); Howard K Stern (pro se); Teresa Stephens (pro se)

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Disposition: 

Material Removed

Description: 

Virgie Arthur, the mother of deceased celebrity Anna Nicole Smith, filed a defamation suit against a number of bloggers and others in Texas state court, alleging that the defendants conspired to ruin her reputation through defamatory e-mails, blog and website postings, and other activities.

Among the defendants are gossip site TMZ.com and TMZ.com editor Harvey Levin, who allegedly posted a defamatory article entitled "Virgie has son with her stepbrother" (now removed). Arthur also claims that defendant Art Harris allegedly made defamatory postings on his blog, The Bald Truth.

Aside from these two articles, Arthur's complaint does not delineate each defendants' allegedly defamatory statements. Instead, Arthur accuses the "cabal" as a whole of publishing defamatory articles and otherwise engaging in a general conspiracy to defame her.

Arthur also sought to add many of these same defendants to her related federal lawsuit, but that court denied her motion. See Arthur v. TMZ.com (federal) for more information. Arthur also has subpoenaed defendant Harrington in the federal case. See Arthur v. Harrington.

Update:

5/22/09 - Lyndal Harrington was held in civil contempt and sent to jail for not turning over a computer containing information subpoenaed by Smith.

Trial set for 06/01/2009.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google News

CMLP Notes: 

"The Life and Death of Anna Nicole Smith" is a good site to check for updates.

Updated 1/23/09 - VAF

City of Memphis v. Does

Date: 

07/10/2008

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

John Does

Type of Party: 

Individual
Government

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Chancery Court of Tennessee for the Thirtieth Judicial District at Memphis; Circuit Court for Loudon County, Virginia

Case Number: 

No. CH-08-09653 (Tennessee); No. 107CL00050842-00 (Virginia)

Legal Counsel: 

Paul Alan Levy - Public Citizen

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

The City of Memphis and the Memphis Police Director Larry Godwin filed a petition for pre-litigation discovery in Tennessee state court, seeking the identity of  a number of unknown defendants, including the pseudonymous blog operators of MPD Enforcer 2.0, who go by the collective moniker "Dirk Diggler."

MPD Enforcer 2.0 is a blog popular with Memphis police officers, and Diggler and many of its users are not fans of Godwin. They have been critical of his leadership and have set up a petition calling for his resignation, and the blog features an online voting poll asking users whether the police chief should resign.  According to Paul Alan Levy, counsel for the blog operators, the City claimed in its petition that the blog authors "misappropriated the image, likeness and name of Director Godwin and the City of Memphis' Blue Crush trademarks." (source) The city also alleged that the operators posted a photograph of an undercover officer. 

On July 10, 2008, Godwin and the City obtained a subpoena from the Chancery Court of Tennessee for the Thirtieth Judicial District at Memphis, which commanded AOL to produce identifying information for the subscriber who created the email account associated with the blog. They then applied to the Clerk of the Court in Loudon County, Virginia -- where AOL is located -- asking that the subpoena be issued. On behalf of the blog operators, Levy then moved to unseal the petition and prepared to file a motion to quash based on First Amendment protection for anonymous speech. It is not clear whether the motion was ever filed.  In early September 2008, the City withdrew its subpoena.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google News

Priority: 

1-High

Arthur v. Turner

Date: 

03/14/2008

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

Nelda (Rose) Milligan Turner; Kenneth Turner

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Eastern District of Texas

Case Number: 

6:08MC6

Legal Counsel: 

William Wesley Ogden, Thomas M. Gregor - Ogden Gibson Broocks & Longoria

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

Virgie Arthur subpoenaed blogger Nelda (Rose) Turner and her husband Kenneth Turner as part of her lawsuit against Howard K. Stern and other defendants in federal court in the United States District Court for the Southern District of Texas.  The subpoenas sought emails from or regarding Howard K. Stern, emails regarding Anna Nicole Smith and Virgie Author, emails from or to Art Harris and Wilma Vice, and copies of all Rose's online postings regarding Howard K. Stern, Anna Nicole Smith, Virgie Arthur, John O'Quinn, Neil McCabe, Don K. Clark, Wilma Vicedomine, or Art Harris.

Arthur then filed a motion to compel the production of the requested documents in the United States District Court for the Eastern District of Texas in April 2008.  The Turners opposed the motion to compel and moved to transfer the proceedings back to the Southern District of Texas for consolidation with the main case. In June 2008, Arthur withdrew her motion to compel.  The court closed the case in July.

See Arthur v. TMZ.com (federal) for more information on the primary federal lawsuit.  Arthur also named Rose Turner as a defendant in a defamation lawsuit in Texas state court.  See Arthur v. TMZ.com (state) for more information.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Arthur v. TMZ.com (federal)

Date: 

03/17/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

TMZ Productions Inc.; Harvey Levin; Art Harris; Nelda Turner; Bonnie Stern

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of Texas

Case Number: 

4:07-cv-03742

Legal Counsel: 

William Wesley Ogden, Jr. (Rose Turner)

Publication Medium: 

Blog
Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

Virgie Arthur,  mother of deceased celebrity Anna Nicole Smith, attempted to add several bloggers as defendants to a defamation lawsuit in Texas federal court.  Arthur originally filed claims of defamation and conspiracy to defame against Howard K. Stern, CBS Studios, and KPRC Houston after Stern and Anna Nicole Smith allegedly defamed Arthur on an episode of "Entertainment Tonight."  Numerous blogs and websites discussed and criticized Arthur following the episode and lawsuit.

In response, Arthur filed a motion to add the following defendants on the ground that they were part of the alleged conspiracy to defame her:

  • Celebrity gossip website TMZ.com and TMZ operator Harvey Levin, who  allegedly published a defamatory article that accused Arthur of marrying and having a child with her step-brother.
  • Bonne Stern, Stern's sister, who allegedly republished Anna Nicole Smith's defamatory statements and "corresponded with and directed" other conspirators (primarily via e-mail).
  • Nelda Turner, operator of blog "Rose Speaks," who allegedly forwarded defamatory information to TMZ and corresponded with Bonnie Stern via e-mail.
  • Art Harris, operator of blog "The Bald Truth" and frequent correspondent on "Entertainment Tonight," who allegedly republished Smith's statements in a blog post.

On June 26, 2008, the Texas federal court denied Arthur's motion to add the new defendants.  The court found that there was evidence that Arthur, who had failed in an earlier attempt to remand the case to state court, had attempted to add the defendants in part as an effort to destroy the court's diversity jurisdiction.  The court also noted that the new defendants' actions were sufficiently distinct from the disputed television broadcast that they could be litigated separately.

Prior to the court's decision, Arthur filed a related suit against Stern and all of the new defendants in Texas state court.  That suit still is ongoing.   See Arthur v. TMZ.com (state) for more information. 

Arthur also has subpoenaed blogger Lyndal Harrington in this case.  See Arthur v. Harrington.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google News

CMLP Notes: 

I marked the situation as "concluded" because the pre-existing suit -- against Stern and the broadcast companies -- is not a legal threat. {MCS}

"The Life and Death of Anna Nicole Smith" is a good site to check for updates.

Arthur v. Harrington

Date: 

01/28/2008

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

Lyndal Harrington

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of Texas

Case Number: 

4:07-cv-03742

Legal Counsel: 

Pro se

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Description: 

Virgie Arthur, mother of deceased celebrity Anna Nicole Smith, subpoenaed blogger Lyndal Harrington in a federal defamation lawsuit.  Arthur originally filed claims of defamation and conspiracy to defame against Howard K. Stern, CBS Studios, and KPRC Houston after Stern and Anna Nicole Smith allegedly defamed Arthur on an episode of "Entertainment Tonight."  Numerous blogs and websites discussed and criticized Arthur following the episode and lawsuit.

The subpoena against Harrington sought:

  • all of Harrington's e-mails sent to or received from Stern and Smith;
  • all e-mails regarding Arthur or her attorneys, regardless of who they came from or were sent to;
  • all documentation regarding Harrington's blog and website postings related to Arthur, Stern, Smith, and other parties related to the suit;
  • various chat room logs concerning the suit, related parties or related issues;
  • all documents concerning communications with Stern and other parties, including Stern's attorneys; and
  • a copy of the portions of Harrington's computer hard drive and other storage media that contain content related to the lawsuit, related individuals, and related Internet postings.

Arthur withdrew the subpoena without prejudice on Feb. 11, 2008 for purposes of re-calendaring, citing a Bahamanian inquest into the death of her son.  She served Harrington with a new subpoena on March 24.  On April 14, 2008, Arthur  again withdrew her subpoena without prejudice in order to give Harrington -- who had been representing herself pro se -- more time to find an attorney. 

 UPDATE:

5/22/09 - The court found Harrington in comptempt for failing to turn over her computer, which she claims was "stolen in a burglary less than a week after the judge ordered the machine to be produced." Harrington was jailed for five days. It is extremely unusual to order jail time in a civil trial. 

 

She had not yet filed a new subpoena as of June 16, 2009.

Arthur has also sued Harrington in a related Texas state suit.  See Arthur v. TMZ.com (state) for more information. 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google News

CMLP Notes: 

6/16/09 CMF- subpoena hasn't been refiled yet

"The Life and Death of Anna Nicole Smith" is a good site to check for updates.

UPDATE AVM 6/23/09 - Put in information about the contempt charge and jailing of harrington, re:CMF are we sure subpoena wasn't refiled?

Priority: 

1-High

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