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Home > Allegheney Energy v. Doe

Allegheney Energy v. Doe [1]

Submitted by Arthur Bright on Fri, 06/20/2008 - 14:36

Summary

Threat Type: 

Lawsuit

Date: 

10/16/2003

Status: 

Concluded

Disposition: 

Subpoena Enforced
Withdrawn

Location: 

Pennsylvania

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Breach of Contract
Allegheney Energy ("AE") sued a John Doe who posted anonymous criticism of the company that included racial epithets on a Yahoo! Finance forum dedicated to AE.  Because the anonymous author included statements in his posts indicating that he was a long-time AE... read full description
Parties

Party Receiving Legal Threat: 

John Doe (Cliff Swiger)

Type of Party: 

Large Organization

Type of Party: 

Individual

Location of Party: 

  • Pennsylvania

Location of Party: 

  • Pennsylvania

Legal Counsel: 

Steven R. Wall, Joseph N. Frabizzio (Morgan, Lewis & Bockius)

Legal Counsel: 

Pro se
Description

Allegheney Energy ("AE") sued a John Doe who posted anonymous criticism of the company that included racial epithets on a Yahoo! Finance forum dedicated to AE.  Because the anonymous author included statements in his posts indicating that he was a long-time AE employee, AE claimed  breach of fiduciary duty and breach of duty of loyalty in its filing in Pennsylvania state court.

After filing the suit on October 16, 2003, AE subpoenaed Yahoo! to reveal Doe's identity. Yahoo! sent notification of its receipt of the subpoena to Doe, whose real name turned out to be Cliff Swiger, and revealed Swiger's identity to AE.  Swiger claimed he never received the notification.  On November 25, AE filed a motion to dismiss the suit against John Doe (Swiger).

AE subsequently fired Swiger for his postings on the Yahoo! forum. Swiger then filed a lawsuit against AE for abuse of process, wrongful use of civil [2] proceedings, intrusion of seclusion, and publication of private facts. See Allegheney Energy v. Swiger [3] for more information.

Related Links: 

  • CMLP Related Database Entry: Allegheney Energy v. Swiger [3]
Details

Web Site(s) Involved: 

Yahoo! Finance forum for Allegheney Energy [4]

Content Type: 

  • Text

Publication Medium: 

Forum

Subject Area: 

  • Anonymity
  • Business Torts
  • Financial Forums
Court Information & Documents

Jurisdiction: 

  • Pennsylvania

Source of Law: 

  • Pennsylvania

Court Name: 

Court of Common Pleas of Philadelphia County

Court Type: 

State

Case Number: 

001615

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Source URL (modified on 08/20/2014 - 11:05pm): https://www.dmlp.org/threats/allegheney-energy-v-doe

Links
[1] https://www.dmlp.org/threats/allegheney-energy-v-doe
[2] https://www.dmlp.org/glossary/8/letterc#term206
[3] https://www.dmlp.org/threats/allegheney-energy-v-swiger
[4] http://messages.finance.yahoo.com/mb/AYE