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Home > Purcell v. Ewing

Purcell v. Ewing [1]

Submitted by DMLP Staff on Tue, 09/30/2008 - 22:19

Summary

Threat Type: 

Lawsuit

Date: 

09/17/2007

Status: 

Pending

Disposition: 

Dismissed (total)

Location: 

Pennsylvania

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
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... read full description
Parties

Party Receiving Legal Threat: 

Oliver Ewing

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • Pennsylvania

Location of Party: 

  • Maryland

Legal Counsel: 

Spero T. Lappas

Legal Counsel: 

Peter J. Speaker; James K. Thomas, II
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 [2], 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 [3] 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 [4], arguing that the postings were opinion and thus non-defamatory as a matter of law.

On May 22, 2008, the district court granted [5] Ewing's motion to dismiss.

Related Links: 

  • Justia Docket [6]
Details

Web Site(s) Involved: 

PennLive.com [2]

Content Type: 

  • Text

Publication Medium: 

Forum

Subject Area: 

  • Defamation
Court Information & Documents

Jurisdiction: 

  • Pennsylvania

Source of Law: 

  • Pennsylvania

Court Name: 

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

Court Type: 

Federal
State

Case Number: 

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

Relevant Documents: 

PDF icon 2007-10-18-Defendant's Motion to Dismiss.pdf [7]
PDF icon 2007-10-26-Defendant's Brief in Support of Motion to Dismiss.pdf [8]
PDF icon 2007-11-30-Plaintiff's Brief in Opposition to Motion.pdf [9]
PDF icon 2007-12-07-Defendants Reply to Plaintiff's Opposition.pdf [10]
PDF icon 2008-05-22-Order Granting Motion to Dismiss.pdf [11]
PDF icon 2007-07-17-Complaint (with Notice of Removal).pdf [12]
CMLP Information (Private)

Priority: 

1-High

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Source URL (modified on 08/20/2014 - 11:06pm): https://www.dmlp.org/threats/purcell-v-ewing

Links
[1] https://www.dmlp.org/threats/purcell-v-ewing
[2] http://www.pennlive.com/
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2007-07-17-Complaint%20(with%20Notice%20of%20Removal).pdf
[4] https://www.dmlp.org/sites/citmedialaw.org/files/2007-10-26-Defendant%27s%20Brief%20in%20Support%20of%20Motion%20to%20Dismiss.pdf
[5] https://www.dmlp.org/sites/citmedialaw.org/files/2008-05-22-Order%20Granting%20Motion%20to%20Dismiss.pdf
[6] http://dockets.justia.com/docket/court-pamdce/case_no-1:2007cv01857/case_id-69509/
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-10-18-Defendant%27s%20Motion%20to%20Dismiss.pdf
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-10-26-Defendant%27s%20Brief%20in%20Support%20of%20Motion%20to%20Dismiss.pdf
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-11-30-Plaintiff%27s%20Brief%20in%20Opposition%20to%20Motion.pdf
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-12-07-Defendants%20Reply%20to%20Plaintiff%27s%20Opposition.pdf
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-05-22-Order%20Granting%20Motion%20to%20Dismiss.pdf
[12] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-07-17-Complaint%20%28with%20Notice%20of%20Removal%29.pdf