Text

MP v. Does

Date: 

09/02/2007

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

Google Inc.; John Does

Type of Party: 

Individual

Type of Party: 

Individual
Large Organization
Intermediary

Court Type: 

State

Court Name: 

District Court, Dallas County Texas, 160th Judicial District

Case Number: 

Cause No. 07-07934-H

Legal Counsel: 

Donald Colleluori (Google)

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Material Removed
Subpoena Quashed

Description: 

Proceeding anonymously, the owner of a country club located in Del Mar, California filed a petition in Texas state court seeking pre-litigation discovery from Google, arguing that "derogatory statements" about her had been posted on "blogs hosted by Google." The Texas state court granted MP permission to issue subpoenas to Google, and she issued subpoenas seeking the identies of the creator of the Del Mar Country Club Sucks blog and all persons who posted comments there. 

Google notified the creator of the blog, who moved to quash the subpoena.  Public Citizen and the ACLU submitted an amicus brief in support of the motion to quash, arguing that the country club owner had not justified filing suit in Texas over comments on a blog about a California country club, and that the country club owner had not produced sufficient evidence to overcome First Amendment protection for anonymous speech. The court granted the country club owner permission to amend her petition to meet the standard required by the First Amendment, but she failed to come forward with sufficient allegations or evidence, and the court granted the motion to quash the subpoena.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Florida Bar v. Conway

Date: 

04/03/2008

Threat Type: 

Disciplinary Action

Party Receiving Legal Threat: 

Sean William Conway

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Supreme Court of Florida

Case Number: 

SC08-326

Verdict or Settlement Amount: 

$1,200.00

Legal Counsel: 

Fred Haddad; Michael Wrubel

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Description: 

The Florida Bar took disciplinary action against Florida attorney Sean Conway after he wrote a post on JAABlog criticizing Judge Cheryl Aleman's practice of setting unreasonably short time periods for criminal defendants to prepare for trial.  In the post, Conway referred to Judge Aleman as an "evil, unfair witch" and indicated that she was “seemingly mentally ill." The disciplinary charges focused on alleged violations of five attorney ethics rules, including a rule against impugning a judge’s qualifications or integrity.

Conway agreed to a public reprimand in June 2008, but this settlement was subject to approval by the Florida Supreme Court.  On review, the Florida Supreme Court ordered the parties to brief the issue of whether the First Amendment protects Conway's comments.  Conway submitted a brief arguing that his comments were protected speech, and the ACLU supported his position with an amicus brief. The matter is still pending.

Update:

9/12/09 - The New York Times reported that the Florida Supreme Court ultimately upheld the disciplinary action against Mr. Conway. 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Mitchell v. Trummel

Date: 

03/01/2001

Threat Type: 

Lawsuit

Party Issuing Legal Threat: 

Stephen Mitchell; Council House, Inc.

Party Receiving Legal Threat: 

Paul Trummel

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court, King County, Washington

Case Number: 

01-2-04698-5 (trial court); No. 486624 (appeals court); No. 75977-4 (supreme court)

Legal Counsel: 

Richard Dubey; Beth Gordie; Paul Dayton; Leslie Clark; Pro Se (sporadically)

Publication Medium: 

Print
Verbal
Website

Status: 

Concluded

Disposition: 

Injunction Denied
Injunction Issued
Material Removed

Description: 

Stephen Mitchell, the administrator of Council House, Inc., a nonprofit housing complex for low-income senior citizens in Seattle, sought a restraining order against Council House resident Paul Trummel in 2001 after Trummel allegedly verbally accosted staff and residents, disrupted meetings, posted his newsletter on resident doors without permission, spied on residents at night by listening outside their apartment doors, and threatened to report residents to criminal authorities if they failed to meet with him, among other things.  The trial court granted a restraining order that prohibited Trummel from making any attempt to contact Mitchell or to keep Mitchell "under surveillance," and from going within 1,000 feet of Mitchell's residence or workplace, from entering or coming within 500 feet of Council House, and from "contacting in person, by email, electronically, by telephone, by writing, or through any third person, any resident of Council House and any board member, staff or employee of Council House at any location." 

Five months later, Mitchell moved for a finding of civil contempt for violation of the antiharassment, claiming that Trummel violated the "surveillance" provision of the anti-harassment order by posting stories on the Internet about events at the Council House.  He alleged that staff and residents felt endangered by Trummel's posting of their private information, including their home addresses, on the website and that they "felt under contiued surveillance by Trummel." Trummel argued that Mitchell's definition of "surveillance" was too broad and that he was exercising his First Amendment rights when posting about events at Council House, occurring both before and after the anti-harassment order was issued.

The trial court found Trummel in civil contempt and ordered him to edit his website "to assure that is in compliance with the . . . anti-harassment order" by, at a minimum, deleting the "names, addresses and any other personal information regarding past and present Council House staff, residents, employees, board members, or agents including legal council." The court determined in a later hearing that Trummel continued to be in contempt and modified the original harassment order, adding language restraining Trummel from "attempting to keep under suveillance" any current or former resident of Council House.  At this point, Trummel deleted identifying information about residents from his website.

Trummel then began using an off-shore website to post information about staff and residents of Council House.  At a subsequent hearing, at which Trummel was not represented by council, the court found him in contempt again and ordered him jailed.  He remained in jail for almost four months.  

Trummel appealed the contempt findings and anti-harassment orders. The Washington Court of Appeals affirmed the trial court in all respects.  On further appeal, the Washington Supreme Court vactated the contempt findings on grounds that posting information about events and people at Council House did not constitute "surveillance." The court vacated those portions of the anti-harassment orders that restrained Trummel from attempting to keep residents and staff  under surveillance, from contacting current or former residents and staff, and from going within 100 feet of any past, current, or future Council House Board member, resident, or employee. The court did not reach Trummel's arguments that the anti-harassment and contempt orders violated the First Amendment. See generally Trummel v. Mitchell, 131 P.3d 305 (Wash. 2006).

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Priority: 

2-Normal

Odyssey Marine Exploration Inc. v. McManus

Date: 

09/05/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Jim McManus

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Circuit Court of Hillsborough County, Florida

Case Number: 

07-CA-011305

Legal Counsel: 

Pro se

Publication Medium: 

Forum
Website

Status: 

Pending

Description: 

Odyssey Marine Exploration, a company involved in shipwreck salvaging, sued Jim McManus, a diver and a director of a UK-based historical website, for defamation in Florida state court.  Odyssey contends that McManus defamed it in postings to its Yahoo! Finance message board under the pseudonym  "nauticalresearch" and also on an unidentified website.  The allegedly defamatory statements related to Odyssey's announcement in May 2007 that it had recovered  500,000 coins from a shipwreck at an undisclosed site in the Atlantic Ocean, according to the Tampa Bay Business Journal. McManus is representing himself, and the case appears to be in the discovery phase.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

CMLP Notes: 

06/18/2009 - No updates in case, according to Westlaw docket (LB)

Judge Lenard v. Markus

Date: 

12/31/2007

Threat Type: 

Other

Party Receiving Legal Threat: 

David O. Markus

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of Florida

Case Number: 

Crim. 06-20373

Legal Counsel: 

Pro se

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

David O. Markus, an attorney who writes the Southern District of Florida Blog, was silenced by a gag order issued by Judge Joan Lenard of the United States District Court for the Southern District of Florida, in connection with the "Liberty City 7" case (involving an alleged plot to blow up the Sears Tower). Markus had written posts about the case and called into question the gag order that Judge Lenard imposed on Lyglenson Lemorin, his wife, and his lawyer Joel DeFabio after Lemorin was acquitted by a jury.  Judge Lemorin had declared a mistrial as to Lemorin's co-defendants and issued the gag order to help ensure an impartial jury pool for the new trial.

Markus appeared before the court on behalf of DeFabio in order to challenge the gag order. Judge Lenard then extended the gag order to cover DeFabio's "agents," which clearly applied to Markus. Because of the order, Markus could no longer blog about the case.

Markus filed a petition for writ of mandamus with the Eleventh Circuit Court of Appeals, asking that the appeals court lift the gag order. Judge Lenard then modified the gag order so that it only applied to the underlying terrorism case, not to statements about Lemorin's impending immigration case in the Southern District of Florida.  As a result of this modification, the Elevent Circuit dismissed Markus's petition.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Sachay v. Coconate

Date: 

04/04/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Frank Coconate; The Chicago Reader

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Circuit Court of Cook County, Illinois

Case Number: 

No. 2008-CL-003932

Legal Counsel: 

David W. Andich (Chicago Reader); Frank Coconate (Pro Se)

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Disposition: 

Withdrawn

Description: 

James Sachay, former assistant commissioner of the Chicago’s aviation department, sued Frank Coconate and the Chicago Reader for defamation and false light after the Chicago Reader's Clout City blog published a comment that purported to be written by "Sachay."  According to the complaint, the comment said:

 I am voting for Frank Coconate. I am sorry I challenged his petitions under false pretenses. I am sorry I stole money from Roman Pucinski. I am sorry I got illegal contracts for my son and acted criminally at O'Hare.

Sachay alleges that the comment is false and defamatory and that Frank Coconate, a political rival, posted it.

The Chicago Reader moved to dismiss the complaint, arguing that section 230 of the Communications Decency Act immunized it for publishing the statement of a third party.  In June 2008, Sachay voluntarily dismissed the complaint against the Chicago Reader. The lawsuit against Coconate remains pending.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Puntarelli v. Does

Date: 

05/08/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

John Does

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court, Marion County, Indiana

Case Number: 

No. 49D120805CT20682

Publication Medium: 

Social Network

Status: 

Pending

Disposition: 

Material Removed
Subpoena Enforced

Description: 

Tim Puntarelli, Dean of Roncalli High Scool in Indianapolis, filed a defamation lawsuit against an anonymous Facebook user (or users) who allegedly created a fake profie for him and used it to send inappropriate messages to students.  According to one press report, the lawsuit also claimed that the user engaged in harassment and identity theft.  Puntarelli sought information about the anonymous user or users from Facebook, which resisted this effort. 

The court ultimately ordered Facebook to produce identifying information for its user(s). Facebook removed the profile at Puntarelli's request before the lawsuit was filed.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Priority: 

2-Normal

Tilghman v. Albero

Date: 

07/10/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Joseph Albero

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

District Court for Wicomico County, Maryland

Case Number: 

020300040262007

Legal Counsel: 

Bruce F. Bright - Ayres, Jenkins, Gordy & Almand, P.A.

Publication Medium: 

Blog

Status: 

Pending

Disposition: 

Verdict (defendant)

Description: 

Barrie P. Tilghman, Mayor of Salisbury Maryland, filed a defamation lawsuit against local blogger Joe Albero, who operates the Salisbury News blog, wich covers matters of local interest in Salisbury and Wicomico County. The case is pending in Wicomico County District Court.

Update:

4/28/09 - The court ruled in favor of Albero after a bench trial.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

CMLP Notes: 

To-do: check for appeal and confirm as "concluded"

Moore v. O'Bannon

Date: 

03/01/2006

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Valerie O'Bannon

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Mississippi Chancery Court; Mississippi Circuit Court, Hines County

Publication Medium: 

Website

Status: 

Pending

Disposition: 

Injunction Issued

Description: 

Reverend Ronald K. Moore and his wife sued Valerie O'Bannon after she created a website claiming that she had a five-month affair with Moore. According to the MLRC, Moore obtained an injunction from a Mississippi chancery court shutting down the website in February 2007 and attempted to have O'Bannon put in jail when she failed to do so.  Moore later refiled the case in Circuit Court in Hines County.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Priority: 

2-Normal

NYP Holdings v. Lavandeira

Date: 

05/02/2005

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Mario Lavandeira

Type of Party: 

Large Organization

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of New York

Case Number: 

05 cv 4305

Legal Counsel: 

Pro se

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Material Removed
Settled (total)

Description: 

In May 2005, NYP Holdings, Inc., the owner of the New York Post, sued Mario Lavandeira (a.k.a Perez Hilton) for trademark law violations and unfair competition in federal court in New York.  NYP Holdings alleged that Lavandeira's operation of the PageSixSixSix gossip blog and use of the domain name "www.pagesixsixsix.com" violated its federal and state trademark rights in its "Page Six" trademark. The parties settled out of court for an undisclosed sum, and Lavandeira changed the website name to PerezHilton.com.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Boulder County Sheriff v. Unknown MySpace User

Date: 

11/11/2006

Threat Type: 

Criminal Investigation

Party Receiving Legal Threat: 

Unknown MySpace User

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

State

Publication Medium: 

Social Network

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

MySpace provided records subpoenaed by the Boulder County sheriff's department in a criminal libel investigation, commenced after a Colorado woman reported finding pictures of herself on MySpace under a fake profile named "Dirty Whore" that included information indicating that she was interested in meeting “men, women and/or couples who are looking to have a fun time.”

As of September 15, 2008, no criminal charges appear to have been filed. 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

CMLP Notes: 

SB Reviewed; there is almost nothing available on this as far as I can tell. TO-DO: Get more precise date; further research required

United States v. Drew

Date: 

05/15/2008

Threat Type: 

Criminal Charge

Party Receiving Legal Threat: 

Lori Drew

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Central District of California

Case Number: 

08-CR-582

Legal Counsel: 

H. Dean Steward; Orin S. Kerr

Publication Medium: 

Social Network

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)
Verdict (plaintiff)

Description: 

On May 15, 2008, Lori Drew was indicted in federal court in California for her alleged role in a hoax on MySpace directed at Megan Meier, a 13-year-old neighbor of Drew's who committed suicide in October 2006 after a "boy" she met on MySpace abruptly turned on her and ended their relationship. The boy was allegedly Lori Drew, who pretended to be 16-year-old "Josh Evans" to gain the trust of Megan, who had been fighting with Drew's daughter.

The grand jury charged Drew with conspiracy and three counts of accessing protected computers without authorization in violation of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. The indictment charges that

[o]n or about the following dates, defendant DREW, using a computer in O'Fallon, Missouri, intentionally accessed and caused to be accessed a computer used in interstate commerce, namely, the MySpace servers located in Los Angeles County, California, within the Central District of California, without authorization and in excess of authorized access, and, by means of interstate commerce obtained and caused to be obtained information from that computer to further tortious acts, namely intentional infliction of emotional distress on [Meier].

Update:

06/16/2008- Drew pleaded not guilty.

07/23/2008- Drew filed three motions to dismiss the indictment on grounds of failure to state an offense, vagueness, and unconstitutional delegation of prosecutorial power.

08/1/2008- Electronic Frontier Foundation and the Cyberlaw Clinic at Harvard's Berkman Center for Internet & Society submitted an amicus brief supporting dismissal of the case

09/4/2008 - In a hearing, Judge Wu denied Drew's motions to dismiss the indictment based on vagueness and improper delegation of authority, but kept her motion to dismiss for failure to state an offense under advisement. 

11/05/2008 - Drew filed a notice of waiver of her right to a jury trial, but the government refused to consent to the waiver.  Under Federal Rule of Criminal Procedure 23, a defendant cannot waive a jury trial without the consent of the government. 

11/10/2008 - Judge Wu indicated in pretrial conference that he was inclined to grant Drew's motion in limine to exclude evidence of Megan Meier's suicide at trial on grounds of lack of relevance and tendency of the evidence to unfairly prejudice the jury.

11/14/08 - Judge Wu indicated at a hearing that he would allow evidence of Megan Meier's suicide at trial, but that he would instruct jurors that the case was not about the suicide and that Drew is not charged with causing the suicide.

11/26/08 - The jury returned a verdict acquitting Drew on the felony CFAA charges and finding her guilty on misdemeonor CFAA charges. The jury deadlocked on the felony conspiracy count. Counsel for Drew indicated that he would file a motion for a new trial, and the court set a hearing for December 29, 2008.  The court took the Drew's renewed motion for judgment of acquittal under submission.

12/30/08 - The Government filed an ex parte application to dismiss the felony conspiracy count (Count 1) without prejudice.  Drew responded, arguing that dismissal should be with prejudice.

1/8/09 - The court held a hearing on Drew's motion for judgment of acquittal, but did not make a ruling. Judge Wu indicated that he might issue a written ruling within two weeks.

7/2/09 - Judge Wu announced that he would be dismissing all charges against Drew.

8/28/09 - Judge Wu issued an opinion granting Drew's motion for judgment of acquittal.

Jurisdiction: 

Content Type: 

Subject Area: 

Peters & Freedman, LLP v. McMahon

Date: 

10/27/2005

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Elizabeth McMahon; Arnold McMahon; David Osterpil; Sharon Stephens

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Orange County Superior Court

Case Number: 

05CC11632 (trial); G037871 (appeal)

Legal Counsel: 

Philip A. Putman

Publication Medium: 

Website

Status: 

Pending

Description: 

The California law firm Peters & Freedman sued Elizabeth and Arnold McMahon for libel and invasion of privacy based on statements they posted on their website, American Homeowners Resource Center, which describes itself as a “public interest interactive website for homeowners” to "help citizens in homeowner associations . . . take back their homes from the two generations of crooked lawyers, politicians, judges and vendors who have stolen them."

The law firm, which specializes in homeowners’ association law, asserts in its complaint that the McMahons falsely accused it of committing illegal and unprofessional conduct while representing homeowners associations in various lawsuits. One of the law firms lawyers, Jeffrey Pratt, also sued the McMahons for libel. See the related entry, Pratt v. McMahon, for more information.

On September 27, 2006, the McMahons filed a motion under California's anti-SLAPP statute to strike the complaint, arguing that the plaintiff's claims arose from the exercise of their constitutional rights to freedom of speech and to petition for the redress of grievances.

The court denied the motion to dismiss, and a California appellate court affirmed, holding that the comments “do not concern a public issue."

The case is set for a jury trial on 1/12/09.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

CMLP Notes: 

To-do: Get complaint and other court documents

Pratt v. McMahon

Date: 

01/06/2006

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Elizabeth McMahon; Arnold McMahon

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Orange County Superior Court

Case Number: 

06CC01968 (trial); G038236 (appeal)

Legal Counsel: 

Philip A. Putman

Publication Medium: 

Website

Status: 

Pending

Description: 

Jeffrey Pratt, a lawyer at the California law firm Peters & Freedman, sued
Elizabeth and Arnold McMahon for libel and invasion of privacy based on statements they posted on their website, American Homeowners Resource Center, which describes itself as a “public interest interactive website for homeowners” to "help citizens in homeowner associations . . . take back their homes from the two generations of crooked lawyers, politicians, judges and vendors who have stolen them."

Pratt asserts in his complaint that the McMahons falsely accused him and the firm, which specializes in homeowners’ association law, of committing illegal and unprofessional conduct while representing homeowners associations in various lawsuits. The law firm also sued the McMahons for libel. See the related entry, Peters & Freedman, LLP v. McMahon, for more information.

On December 13, 2006, the McMahons filed a motion under California's anti-SLAPP statute to strike the complaint, arguing that the plaintiff's claims arose from the exercise of their constitutional rights to freedom of speech and to petition for the redress of grievances.

On January 17, 2007, the court denied the motion to dismiss, and a California appellate court affirmed, holding that the comments “do not concern a public issue."

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

CMLP Notes: 

To-do: Get complaint and other court documents

Silver v. Lavandeira

Date: 

07/22/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Mario Hermando Lavandeira, Jr. aka Mario Lavandeira aka Perez Hilton

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of New York

Case Number: 

1:08-cv-06522

Legal Counsel: 

Bryan J Freedman - Freedman and Taitelman LLP; Jeffrey M. Eilender - Schlam Stone & Dolan LLP

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Description: 

On July 22, 2008, Elizabeth Silver, a blogger on PerezRevenge.com (now www.rPulse.com), which describes itself as a "website where celebrities could post information about their careers, events and when necessary personal lives without the taint of rumor or speculation" sued rival celebrity blogger Mario Lavandeira (aka Perez Hilton), who operates the blog perezhilton.com, for copyright infringement, violation of the Digital Millenium Copyright Act, and other claims.

On July 21, 2008, Hilton had sued Silver, Infuse LLC, and Margie E. Rogers over their use of the name PerezRevenge, claiming the use was a violation of the Anti-Cybersquatting Consumer Protection Act, as well as unfair competition, federal dilution of trademark, and unfair trade practices. See the related claim, Lavandeira v. Infuse, LLC.

Update: 

On January 7, 2009,  a magistrate judge issue a Report and Recommendation rejecting Silver's claims.  After Silver failed to object to the Report, the court on February 26 adopted the Report and Recommendation in its entirety.  According to a March 06 order issued by the court, Silver appears to have then filed for voluntary dismissal of the case.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Lavandeira v. Infuse, LLC

Date: 

07/21/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Infuse, LLC; Margie Rogers; Elizabeth Silver-Fagan; Does 1-10

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Central District of California

Case Number: 

2:08-cv-04764

Legal Counsel: 

Pro se

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Disposition: 

Default Judgment

Description: 

Celebrity gossip blogger Mario Lavandeira (aka Perez Hilton), who operates the blog perezhilton.com, sued Infuse LLC, Margie E. Rogers and Elizabeth Silver-Fagan, the owner, editor and publisher, respectively, of a rival celebrity blog named PerezRevenge.com, which describes itself as a "website where celebrities could post information about their careers, events and when necessary personal lives without the taint of rumor or speculation." Hilton's complaint asserts that their use of the name PerezRevenge is a violation of the Anti-Cybersquatting Consumer Protection Act, as well as unfair competition, federal dilution of trademark, and unfair trade practices.

Hilton seeks injunctive relief and treble damages.

On July 22, 2008, one day after Lavandiera filed his lawsuit, defendant Silver, the publisher of PerezRevenge.com, filed a breach of contract lawsuit against Lavandiera in New York. See the related lawsuit, Silver v. Lavandiera.

UPDATE:

05/06/09 - The court, after awarding a default judgment for Hilton, enjoined Infuse from "using the domain name perezhilton.com... [or] using the term 'Perez' to designate any platform...that contains entertainment or celebrity news or gossip."  Silver's site now resides at www.rPulse.com.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

CMLP Notes: 

Updated 2/19/2009 - VAF

Updated 6/25/2009 - AVM added enjoining order

Priority: 

2-Normal

Mercy Hospital Anderson v. Selmeier

Date: 

01/01/2002

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Joel Selmeier

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Court of Common Pleas, Hamilton County, Ohio

Case Number: 

No. A02-08401

Verdict or Settlement Amount: 

$1,125,000.00

Legal Counsel: 

Sirkin, Pinales, Mezibov & Schwartz

Publication Medium: 

Website

Status: 

Concluded

Disposition: 

Injunction Denied
Injunction Issued
Material Removed
Verdict (plaintiff)

Description: 

An Ohio hospital, a doctor, and a nurse sued Joel Selmeier for defamation after he created a website making allegations about how he was treated during a 1996 hernia operation. According to one press account, the plaintiffs obtained a court order sealing the case and requiring Selmeier to take down his site, but the court reversed itself a month later.  According to the MLRC, the nurse's case went to trial and she won a $1,125,000 jury verdict -- $375,000 in compensatory damages and $750,000 in punitive damages.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

CMLP Notes: 

No pleadings available online; emailed Sirkin Pinales & Schwartz LLP (defendant's lawyer) on 8 July 2008; emailed defendant on 15 July 2008.  No responses as of 28 July 2008.

The Oklahoma Publishing Company v. Conradt

Date: 

07/14/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

James W. Conradt

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Western District of Oklahoma

Case Number: 

5:08-cv-00713-C

Legal Counsel: 

Pro se

Publication Medium: 

Forum
Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Material Removed
Retraction Issued
Settled (total)

Description: 

The Oklahoma Publishing Company and one of its reporters, Jacob Trotter, sued James W. Conradt in federal court in Oklahoma in July 2008, after he posted a fake article that mimicked the appearance of the publishing company's NewsOK.com website and purported to be written by Trotter. According to the complaint, the fake article falsely stated that two University of Oklahoma football players had been arrested for intent to distribute cocaine. Conradt allegedly posted links to the article from his Nebraska football fan site, darthhusker.com, and from the Rivals.com message board. The day after it was posted, Conradt admitted creating the article.

The complaint included claims for federal trademark infringement and dilution, copyright infringement, federal and state unfair competition, violation of Trotter's right of publicity, false light, libel, and deceit. The parties settled for an undisclosed sum, and the court dismissd the case in September 2008.  As part of the settlement, Conradt wrote a letter of apology to be published by the publishing company and Conradt and agreed to never again publish an article in a manner that makes it appear the article was published in The Oklahoman or NewsOK.com.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Cedillos v. Madigan

Date: 

06/16/2005

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Michael Madigan; Litigation Archives Inc.

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Orange County Superior Court

Case Number: 

05CC07333 (trial); G036941 (appeal)

Legal Counsel: 

John R. Hanson - Worthe Hanson & Worhte

Publication Medium: 

Blog

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

In April 2005, Ronald Cedillos, an Orange County reserve sheriff's deputy, allegedly got into a shouting match at a Newport Beach restaurant with attorney Joe Cavallo. Later, Cedillos allegedly used a key to scratch Cavallo's Bentley automobile.  Michael Madigan, a private investigator who operates TwistedBadge.com, a site with the motto "our mission is to promote public awareness of the need to be vigilant in matters involving law enforcement malfeasance," reported the incident.

On May 31, 2005, Madigan received a letter from Cedillos’ attorney demanding a retraction. After Madigan refused to retract the story, Cedillos then filed a defamation action. Madigan responded with a special motion to dismiss under California's anti-SLAPP statute.

On June 22, 2007, a California appellate court affirmed the dismissal.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

Shurwest Product Connection, LLC v. Premium Producers Group LLC

Date: 

02/21/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Premium Producers Group LLC; Mitchell M Maynard; Dorice Maynard; John Does I-X; Jane Does I-X; Black and White Partnerships I- X; and ABC Corporations I-X

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Superior Court of Arizona, Maricopa County

Case Number: 

CV2007-003021

Legal Counsel: 

Cody Hall (for Premium Producers Group LLC); Maynards, Pro se

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Description: 

ShurWest Product Connection dba The Annexus Group, a distributor of insurance products, filed a defamation lawsuit against Premium Producers Group, Mitchell Maynard, and Dorice Maynard over, among other things, a review they published on their blog, Index Annuity & EIA Software Forum, criticizing the plaintiff's Balance Plus Annuity. The complaint asserts claims for product disparagement, tortious interference with prospective economic advantage, negligence, and defamation.

On  March 17, 2007, defendants' filed a motion to dismiss arguing, inter alia, that the court lacked personal jurisdiction over them.  On September 25, 2007, the court denied the motion to dismiss.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

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