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Home > Zoeller v. Josef Silny & Associates

Zoeller v. Josef Silny & Associates [1]

Submitted by DMLP Staff on Wed, 02/13/2008 - 16:28

Summary

Threat Type: 

Lawsuit

Date: 

02/13/2007

Status: 

Concluded

Disposition: 

Material Removed
Withdrawn

Location: 

Florida

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
False Light
Intentional Infliction of Emotional Distress
Professional golfer Fuzzy Zoeller claimed that someone posted false statements about him on Wikipedia. Zoeller traced the IP address of the unknown author of the statements to a computer at Josef Silny & Associates, a Miami education consulting firm. Zoeller sued the... read full description
Parties

Party Receiving Legal Threat: 

Josef Silny & Associates, Inc.

Type of Party: 

Individual

Type of Party: 

Organization

Location of Party: 

  • Indiana

Location of Party: 

  • Florida

Legal Counsel: 

Scott D. Sheftall
Description

Professional golfer Fuzzy Zoeller claimed that someone posted false statements about him on Wikipedia. Zoeller traced the IP address of the unknown author of the statements to a computer at Josef Silny & Associates, a Miami education consulting firm. Zoeller sued the firm for defamation, invasion of privacy, and intentional infliction of emotional distress. He filed the suit anonymously, but media outlets quickly discovered his identity. In the complaint, Zoeller alleged that the Wikipedia entry falsely stated that he had abused drugs and alcohol and mistreated his family.

According to USA Today [2], the paragraph in question was removed, but the information had been picked up by other websites. The lawsuit said it falsely alleged that Zoeller abused drugs, alcohol and his family.

Zoeller failed to trace the IP address to one specific person, and Josef Silny & Associates repeatedly denied that any of its employees had authored the statements. Several months after filing, Zoeller voluntarily withrew the lawsuit.

Zoeller did not pursue a claim against Wikipedia, and statements from his lawyer to the press indicate a belief that section 230 of the Communications Decency Act [3] barred a lawsuit directly against the online encyclopedia.

Related Links: 

  • The Smoking Gun: Golfer Sues Over Vandalized Wikipedia Page [4] (includes a copy of the complaint)
  • USA Today: Zoeller sues to identify author of Wikipedia post [2]
  • The Washington Post: Zoeller Sues to Find Author of Web Post [5]
  • Fox News: Golfer Fuzzy Zoeller Sues Consulting Firm Over Wikipedia Entry [6]
  • Naples Daily News: Fuzy Zoeller files lawsuit over alleged Web site remarks of abuse [7]
  • iTWire: Wikipedia entry causes pro-golfer Fuzzy Zoeller to sue [8]
  • The Bivings Report: Fuzzy Zoeller and Wikipedia [9]
  • SiteProNews Blog: Fuzzy Files Suit Over Wikipedia Entry [10]
  • Sports Column Blog: Fuzzy Zeoller suing over Wikipedia entry [11]
  • The Golf Blog: Fuzzy Zoeller sues unknown poster to Wikipedia [12]
  • AfterTek: Pro-Golfer Denies Allegations Found on Wikipedia [13]
  • TechShout: Golfer Fuzzy Zoeller sues IP address owner for defamatory Wikipedia entries [14]
  • Workbench: Fuzzy Zoeller Sues Over Libelous Wikipedia Page [15]
Details

Web Site(s) Involved: 

Wikipedia: Fuzzy Zoeller [16]

Content Type: 

  • Text

Publication Medium: 

Wiki

Subject Area: 

  • Defamation
  • Third-Party Content
  • False Light
Court Information & Documents

Jurisdiction: 

  • Florida

Source of Law: 

  • Florida

Court Name: 

Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida

Court Type: 

State

Case Number: 

2007-004167-CA-01
CMLP Information (Private)

CMLP Notes: 

DSA: Looked for name of lawyer who represented the defendant but could not find any mention. 10/9/08

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Source URL (modified on 08/20/2014 - 11:05pm): https://www.dmlp.org/threats/zoeller-v-josef-silny-associates

Links
[1] https://www.dmlp.org/threats/zoeller-v-josef-silny-associates
[2] http://www.usatoday.com/sports/golf/2007-02-22-zoeller-wikipedia-lawsuit_x.htm
[3] https://www.dmlp.org/resources/primer-section-230-communications-decency-act
[4] http://www.thesmokinggun.com/archive/years/2007/0222071fuzzy1.html
[5] http://www.washingtonpost.com/wp-dyn/content/article/2007/02/22/AR2007022201132_pf.html
[6] http://www.foxnews.com/story/0,2933,253829,00.html
[7] http://www.naplesnews.com/news/2007/feb/22/fuzzy_zoeller_files_lawsuit_over_alleged_web_site_/?latest
[8] http://www.itwire.com.au/content/view/9913/53/
[9] http://www.bivingsreport.com/2007/fuzzy-zoeller-and-wikipedia/
[10] http://blog.sitepronews.com/index.php?/archives/116-Fuzzy-Files-Suit-Over-Wikipedia-Entry.html
[11] http://blog.sportscolumn.com/story/2007/2/22/12446/0443/oth_golf/Fuzzy_Zoeller_suing_over_Wikipedia_entry
[12] http://www.thegolfblog.com/2007/02/fuzzy-zoeller-sues-unknown-poster-to.html
[13] http://www.aftertek.com/pro-golfer-denies-allegations-found-on-wikipedia.html
[14] http://www.techshout.com/internet/2007/26/golfer-fuzzy-zoeller-sues-ip-address-owner-for-defamatory-wikipedia-entries/
[15] http://www.cadenhead.org/workbench/news/3129/fuzzy-zoeller-sues-over-libelous-wikipedia
[16] http://en.wikipedia.org/wiki/Fuzzy_Zoeller#Wikipedia_controversy