Allegheney Energy v. Doe [1] SummaryThreat Type: LawsuitDate: 10/16/2003Status: ConcludedDisposition: Subpoena EnforcedWithdrawnLocation: Pennsylvania Verdict or Settlement Amount: N/ALegal 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 PartiesParty Receiving Legal Threat: John Doe (Cliff Swiger)Type of Party: Large OrganizationType of Party: IndividualLocation of Party: PennsylvaniaLocation of Party: PennsylvaniaLegal 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] DetailsWeb Site(s) Involved: Yahoo! Finance forum for Allegheney Energy [4] Content Type: TextPublication Medium: ForumSubject Area: AnonymityBusiness TortsFinancial Forums Court Information & DocumentsJurisdiction: PennsylvaniaSource of Law: PennsylvaniaCourt Name: Court of Common Pleas of Philadelphia CountyCourt Type: StateCase Number: 001615