Defamation

Lennar Corporation v. Minkow

Date: 

09/19/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Barry Minkow; Fraud Discovery Institute, Inc.; Briarwood Capital, LLC; Nicolas Marsch III; Does 1-10

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Circuit Court of the 11th Judicial Circuit, Miami-Dade County (Florida)

Case Number: 

08-55741 CA 10

Legal Counsel: 

Richard Smith and Evan Roberts - Shook, Hardy & Bacon, LLP

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Description: 

Lennar Corporation and Lennar Homes of California, Inc. filed a lawsuit in Florida state court against Barry Minkow, the Fraud Discovery Institute, Inc., Briarwood Capital, LLC, Nicolas Marsch III, and several unnamed defendants. Lennar alleged that Minkow, acting in concert with the other defendants, published defamatory statements on websites (lenn-ron.com and frauddiscovery.net), in a YouTube video, and press releases, all falsely accusing the company of accounting improprieties. 

The complaint includes claims for libel, deceptive and unfair trade practices, tortious interference, fraud and extortion, and alleges that Marsch engaged Minkow and Fraud Discovery Institute to publish false information about it as part of an ongoing dispute between Marsch and Lennar.

The case is ongoing.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google News

CMLP Notes: 

RPK

Priority: 

1-High

Wisconsin v. Haluska

Date: 

05/22/2008

Threat Type: 

Criminal Charge

Party Receiving Legal Threat: 

Kent E. Haluska

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Brown County Court, Wisconsin

Case Number: 

2008CM000978

Verdict or Settlement Amount: 

$1,838.00

Legal Counsel: 

Mark D. Skvara

Publication Medium: 

Social Network

Relevant Documents: 

Status: 

Concluded

Disposition: 

Convicted

Description: 

On May 20, 2008 Wisconsin realtor Kent Haluska was arrested and charged with criminal defamation.  According to press accounts, Haluska posted statements on the Real Estate networking site ActiveRain.com linking a fellow realtor to the Russian mafia.  Haluska was also accused of sending letters to the  realtor's clients telling them that they were funding Russian terrorism.  

Haluska pleaded no contest to three misdemeanor charges in August 2008. He was sentenced to 18 months of probation, ordered to have no contact with the victim, banned from real estate work for one year, and required to pay a $1,838 fine.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Blog Post

CMLP Notes: 

Source: Reporters Committee

 

CR editing

Priority: 

1-High

The Traditional Cat Association v. Gilbreath

Date: 

05/22/2002

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Laura Gilbreath; Lee Zimerman; Randi Briggs; John Herold; Diane Dunaway; Traditional Cat Association

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Superior Court for the State of California for the County of San Diego; California Court of Appeal for the Fourth District, Division One

Case Number: 

GIC789066 (superior); D041421 (appellate)

Legal Counsel: 

Darren J. Quinn (for Defendants Gilbreath, Zimmerman, Briggs, Herold, and Traditional Cat Association, Inc.); Anthony J. Passante Jr. (for Defendant Dunaway)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (partial)
Material Removed
Settled (total)

Description: 

On May 22, 2002, Diane Fineran and The Traditional Cat Association (TTCA), filed a lawsuit against Laura Gilbreath, Lee Zimmerman, Randi Briggs, John Herold, Diane Dunaway, and Traditional Cat Association (TCA), claiming unfair competition, defamation, and conversion. 

The individuals in this case are all cat enthusiasts who held leadership positions in defendant organization TCA.  In 1998, a dispute led Fineran to leave TCA and found her own organization, TTCA.  Fineran then commenced a series of lawsuits against the defendants related to the dispute and her departure.  In response to these lawsuits, in 1998 defendant Herold created a website named "The Diane Fineran Response Web Site," which purported to report the status of this litigation. 

On May 22, 2002, Fineran filed suit again, claiming that Herold's website was defamatory, and also claiming unfair competition and conversion.  According to her complaint, Herold's website falsely stated that a jury had found Fineran guilty of defamation, and falsely stated that she had admitted that she did not found TCA.  According to the complaint, the website also stated that Fineran uses "intimidation" tactics, is a "dictator," and engages in "misrepresentations," "half truths" and "whole cloth invention."

The defendants moved to strike the complaint under California's anti-SLAPP statute.  The Superior Court denied the motion, finding that a statute of limitations defense will not support relief under the anti-SLAPP statute.  The California Court of Appeals for the Fourth District, Division One reversed the lower court and dismissed the defamation claim.  The court rejected the plaintiffs' argument that the statute of limitations renewed continuously as long as the website was running, applying California's single-publication rule to websites.  The appellate court found that the defendants had not unambiguously challenged the unfair competition claim in their motion to strike, so this claim remained intact.

In January, 2005, the parties settled.  Plaintiffs Fineran and TTCA agreed to pay $24,647.28 in attorney's fees and costs to the defendants.  Defendant organization TCA, now known as Traditional and Classic Cat International, agreed to change their numbering system for registering cats and kittens to be dissimilar from TTCA.  "The Diane Fineran Response Web Site" is no longer available.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source:mentioned in case on westlaw

Priority: 

1-High

Novins v Cannon (Lawsuit)

Date: 

02/13/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Kevin A. Cannon; Kevin Michael Fries; Jim Kelso; Rhonda Lea Kirk AKA Fries; Vincent Lamb; Carl Osterwald; Rick Mather; Albert C. Young; Sean Monaghan; Google, Inc.; TSB Bearings, Inc.; DataBasix; Oakland Community College; XYZ Partnerships (1-100); J

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization
Large Organization

Court Type: 

State

Court Name: 

Superior Court of New Jersey, Law Division, Ocean County

Case Number: 

L-705-09

Legal Counsel: 

Kevin A. Cannon (Pro Se); Joseph A. Manzo (for Defendant Carl R. Osterwald)

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (partial)

Description: 

On February 13, 2009, Charles Novins, a New Jersey attorney, filed a lawsuit on behalf of himself and his law firm, alleging that nine individuals posted defamatory statements about him "in a world-wide forum." Novins attached to his complaint a copy of a post made to the Usenet newsgroup alt.culture.alaska, claiming that Novins employed drug addicts at his firm. Novins alleged that his firm's revenue "declined demonstrably during this period after the publication on February 13, 2008," and he is seeking "compensatory and punitive damages, plus interest, and costs of the suit."

The complaint also names Google, Inc., TSB Bearings, Inc., Databasix, Oakland Community College, and John and Jane Roes (1-100), as defendants, but no cause of action or claim is made in the complaint against any of these defendants.  According to some Usenet posts (here and here), TSB Bearings, Inc and Oakland Community College are employers of defendants Kevin A. Cannon and Vincent Lamb, respectively.  Novins' complaint also "demands judgment" against defendands ABC Corporation 1-10, XYZ Partnership 1-10, and John and Jane Doe 1-100, who the complaint states are "persons, identities unknown, who acted, assisted, and/or participated in the assault on the plaintiff."

Prior to the lawsuit, Novins sent a letter to defendant Cannon stating his intention to file a lawsuit against him, his employer, and unnamed others.  See CMLP's related database entry, Novins v. Cannon (Letter), for details. 

Update:

04/15/09 - Kevin Cannon filed an answer and cross-claims for contribution and indemnification against his co-defendants.

04/27/09 - Carl Osterwald filed an answer, cross-claims for contribution and indemnification against his co-defendants, and a counterclaim against Novins.

09/25/09 - The court granted Cannon and Osterwald's motion to dismiss without prejudice for failing to answer interrogatories. 

10/20/09 - The case was removed to the United States District Court for the District of New Jersey.

04/22/10 -  Novins voluntarily dismissed the action with prejudice as to Kevin Michael Fries and Rhonda Lea Kirk Fries.

04/27/10 -  The court granted the motion of defendants Lamb and Osterwald for judgment on the pleadings, relying on Section 230. The court ordered that defendants Kelso, Young, Mather, Monaghan, Google Inc., TSB Bearings, Databasix, Oakland Community College, Lamb, and Osterwald are terminated as parties in the action, leaving only Cannon.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

User Submission Form

Priority: 

1-High

Novins v. Cannon (Letter)

Date: 

01/30/2009

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Kevin A. Cannon; TSB Bearings, Inc.

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Ocean County Superior Court, New Jersey

Case Number: 

L-705-09

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Concluded

Disposition: 

Lawsuit Filed

Description: 

On January, 30, 2009, Charles Novins, an attorney in New Jersey, sent a letter to Kevin A. Cannon stating that he was planning to file a lawsuit against Cannon, Cannon's employer TSB Bearings, Inc., and several others who were not named, for "libelous internet postings, tortious interference with business, and a host of other claims." 

The letter demanded the retraction of all defamatory postings in "Usenet group <alt.usenet.kooks>," and any other "cross-posted group," in order to "reduce potential liability."  The letter did not specifically identify any of the allegedly defamatory postings made by Cannon.

On February 13, 2009, Novins filed suit in the Superior Court of New Jersey, Law Division, Ocean County.  For details, see CMLP's related database entry, Novins v. Cannon (Lawsuit)

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

 

Source: User submission

Priority: 

1-High

Parker v. United States Chess Federation

Date: 

02/20/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

United States Chess Federation; Samuel H. Sloan; William Goichberg; Continental Chess Association; Paul Truong; Susan Polgar; Susan Polgar Foundation; Joel Channing

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court Eastern District of Pennsylvania

Case Number: 

2:08−CV−00829−JCJ

Legal Counsel: 

Anita B. Weinstein - Cozen O'Conno (for William Goichberg, United States Chess Federation, and Continental Chess Association); William T. Salzer - Swartz Campbell LLC (for Paul Truong and Susan Polgar); Jamie Samanns - Weber Gallagher Simpson Staplet

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (partial)

Description: 

On February 20, 2008, Gordon Roy Parker filed a lawsuit in federal court in Pennsylvania against the United States Chess Federation and several of its board members, including William Goichberg, Paul Truong, Susan Polgar, and Joel Channing. Parker alleged that current and former board members had impersonated him (and others) on a USENET chess forum.

The court dismissed Parker's original complaint for lack of clarity.  He re-filed in October 2008.  The amended complaint included claims for libel, negligence, Lanham Act violations, Title VII and PHRA retaliation, conspiracy, RICO violations, and fraudulent misrepresentation.  

In December 2008, the court dismissed the complaint with respect to Channing, Goichberg, and the United States Chess Federation.  Judge Joyner partially granted and partially denied Polgar and Truong's motion to dismiss the complaint, ruling that, in order to pursue his claims, Parker must properly serve Polgar and Truong and establish that the court has jurisdiction.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Priority: 

1-High

Breaking News: First Circuit Denies Rehearing in Noonan v. Staples

The United States Court of Appeals for the First Circuit issued an order today denying Staples' petition for rehearing en banc in Noonan v.

Jurisdiction: 

Subject Area: 

Thomas & Betts Corp. v. Does 1-50

Date: 

05/12/2000

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Does 1-50

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of California, San Diego County

Case Number: 

GIC 748128

Legal Counsel: 

Paul Alan Levy & Alan B. Morrison - Public Citizen Litigation Group (for "WatchingTNB"); Charles A. Bird, Gregory D. Roper - Luce, Forward, Hamilton & Scripps LLP (for "WatchingTNB")

Publication Medium: 

Forum

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

On May 12, 2000, Thomas & Betts Corporation, an electrical connector manufacturer, brought a John Doe lawsuit in California state court against several anonymous posters to a Yahoo message board about the company.  The company alleged that certain of the anonymous posters defamed the company and released its proprietary information. The court authorized Thomas & Betts to subpoena Yahoo! for identifying information. 

After notification from Yahoo!, one of the defendants, "WatchingTNB," filed a motion to strike the complaint under the California anti-SLAPP statute (Cal. Code Civ. Proc. § 425.16) and to quash the subpoena.  In August 2000, Thomas & Betts dropped the case against all defendants and issued a joint statement with Public Citizen (WatchingTNB's counsel): 

Although Thomas & Betts believes it has a legitimate interest in investigating releases of non-public information, the John Doe litigation it commenced in California was not the best forum to address those concerns. As a result, Thomas & Betts decided to voluntarily dismiss its lawsuit and thereby put to rest any concern that the litigation might chill fair and open discussion of the company’s business. Public Citizen appreciates Thomas & Betts’s responsiveness to the concerns it raised.

Jurisdiction: 

Content Type: 

Subject Area: 

Priority: 

1-High

Sienna/Johnson Development v. Calvin

Date: 

12/13/2005

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Chris Calvin; Committee for Responsible Development

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Fort Bend County District Court (TX)

Case Number: 

05-DCV-146667

Legal Counsel: 

John Keville - Lee Keller King

Publication Medium: 

Forum

Status: 

Concluded

Disposition: 

Injunction Issued
Settled (total)

Description: 

In December 2005, Texas real estate developer Sienna/Johnson Development and its senior vice president Douglas Goff sued Chris Calvin and the Committee for Responsible Development (an organization co-chaired by Calvin).  Sienna and Goff alleged that Calvin posted critical comments about them on three community websites and used multiple pseudonyms to create a false impression of widespread community opposition to the developer's plans to build apartments near his home.  The complaint, filed in Texas state court, included claims for defamation, business disparagement, public nuisance, and tortuous interference with prospective contract.

In December 2006, the parties settled the case. As part of the settlement, they jointly moved the court to enter an "Agreed Permanent Injunction," which prohibited Calvin and his wife Amy from posting anonymous or pseudonymous statements about Goff, Sienna, or any of their partners, affiliates, directors, officers, or employees.  The agreed injunction specifically excluded "truthful critical statements" made in the Calvins' own names.  The court issued the agreed injunction and dismissed the case.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Docket available via search at http://tylerpaw.co.fort-bend.tx.us/default.aspx.  There's also a suit involving the same parties (07-CV-154927) listed as an "Accounts, Contracts, and Notes" case.  Presumably it's something tangental to the original suit -- nonpayment of some award or somesuch -- but worth checking out to make sure.

Source: Houston Chronicle 

Priority: 

1-High

Lesher v. Topix

Date: 

02/03/2009

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

Topix

Type of Party: 

Individual

Type of Party: 

Organization

Court Type: 

State

Court Name: 

District Court of Tarrant County, Texas, 348th District Court

Case Number: 

348-235791-09

Legal Counsel: 

Pietragallo Gordon Alfano Bosick & Raspanti

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Subpoena Enforced

Description: 

On February 03, 2009, Mark and Rhonda Lesher filed a defamation lawsuit against anonymous messageboard posters on Topix.com.  Self-described as "the world's largest community news site," Topix.com aggregates news articles and hosts messageboards for users to comment and discuss.  According to the Leshers' petition, over 1,700 defamatory statements were made about them by anonymous posters on Topix.com.  The 365-page petition includes 2,568 counts of defamation, libel per se and defamation per se against the anonymous users.  The petition specifically identifies postings made under 178 different usernames, such as "lou," "Awareness," and "BUDWEISER."  Because Topix messageboard users can post under multiple usernames and they can post under usernames previously used by others, the actual number of defendants in the lawsuit is uncertain.

According to the petition, the defamatory comments began "almost immediately" following allegations in April 2008 that the Leshers had sexually assaulted Shannon Coyle.  Mr. Lesher is a practicing attorney and Coyle was one of his previous clients.  Many of the allegedly defamatory comments crudely describe the Leshers as sexual deviants, molesters, and drug dealers. On January 15, 2009, a jury found the Leshers not guilty on all counts of sexual assault in relation to this matter, and they were subsequently acquitted. 

On February 3, 2009, the Leshers filed suit against the anonymous Topix.com posters in the District Court of Tarrant County, Texas, the 348th District Court.  Tarrant County is where the Leshers claim "a significant number" of the defendants are located, according to the "IP address locators" on Topix.com.  In their petition, the Leshers allege that the defamatory comments  "affected their reputations in the community as businesspersons and has significantly damaged their businesses."  Additionally, the comments are alleged to have "created psychological, emotional and financial trauma for both plaintiffs."

The Leshers did not file suit against Topix.com, nor did they request the offending postings be taken down.  However, they did make an ex-parte motion requesting that an out-of-state subpoena be issued to Topix.com, in order to identify the anonymous posters.  On February 04, 2009, Judge Dana Wormach of the District Court of Tarrant County Texas, the 384th District Court, issued an order granting the motion.  The order requested issuance of a letter rogatory to the Superior Court of Santa Clara County, California, where Topix.com is located. 

According to Texas Lawyer, Topix.com CEO Eric Tolles was served with a subpoena on February 5.  Texas Lawyer reports that Tolles is "willing to be reasonable in complying with the subpoena, even though requesting information for 178 names strikes him as 'fairly broad.'"  Additionally, Tolles is quoted saying "all we're going to be able to provide them with is an IP address," which is just the first step to identifying the posters.  The subpoena required the documents be produced by March 6, but according to Texas Lawyer, the Leshers have granted Topix.com an additional week to comply.

Judge Wormach's also ordered the Leshers to post notice of the subpoena "on the appropriate message boards on Topix.com," so that any objections could be made before February 18.  In a thread titled "Lesher v. Doe defamation lawsuit," William Pieratt Demond, who represents the Leshers, published notification of the lawsuit and the subpoena on Topix.com.  Demond advised those making libelous postings to "cease and desist."  Additionally, he offered "conditional immunity" to the first defendant who could provide the name, address, and telephone number of the poster using the pseudonym "lou."  The offer did not extend to the user of the name "lou," users of thee other pseudonyms, or anyone in the Coyel family.  Demond told Texas Lawyer that so far, no posters had come forward.

Update:

03/27/09 - The court denied Topix' motion to quash the subpoena.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google News

Priority: 

1-High

Coalition of Media Organizations Urges First Circuit to Reverse Dangerous Defamation Decision

Today, the Citizen Media Law Project joined numerous other media organizations and media law advocacy groups in filing an amicus curiae brief urging the U.S. Court of Appeals for the First Circuit to grant rehearing en banc in Noonan v.

Jurisdiction: 

Subject Area: 

State of Wisconsin v. Janzig

Date: 

06/25/2008

Threat Type: 

Criminal Charge

Party Receiving Legal Threat: 

Laura Lee Janzig

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Douglas County Circuit Court

Case Number: 

2008CM000229

Legal Counsel: 

David Malban

Publication Medium: 

Email

Status: 

Concluded

Disposition: 

Convicted

Description: 

In 2008, the state of Wisconsin brought criminal defamation charges against Laura Janzig.  According to Northland's NewsCenter, Janzig wrote a series of emails to members of the Superior, Wisconsin School District falsely claiming that a teacher was engaging in sexual activity with students.  On October 27th, 2008, Janzig pled guilty to the charge of criminal defamation under Wis. Stat. § 942.01(1), which is a Class A misdemeanor.  The court sentenced her to 1 year of probation, 20 days in jail, and a $100 fine plus costs.  It also ordered her to pay restitution to the Superior Police Department.  

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

RPK

 

Priority: 

1-High

Woodhull v. Meinel

Date: 

01/11/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Carolyn Meinel

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Second District Court of New Mexico; Court of Appeals of New Mexico

Case Number: 

D-202-CV-200700346 (district); No. 27,959 (appeals)

Legal Counsel: 

Bryan J. Davis; Andrew G. Schultz

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Description: 

Angela Victoria Woodhull sued hacker Carolyn Meinel after Meinel allegedly posted two false and defamatory statements about her on Meinel's website The Happy Hacker.  In 2003, Meinel posted on her website an email message from Woodhull entitled "Please contact me" and stating "I have a job for you."  According to the appellate court opinion in the case, Meinel then added her own commentary, stating that, when she called Woodhull, Woodhull asked her to hack into a news website that had written unflattering comments about her. 

In 2006, Meinel made a second posting, which recapped the 2003 incident and went on to state that Meinel's only recourse against Woodhull for her alleged unlawful request was "to make fun of her on this website." This posting also contained the content of an email exchange between Meinel and Michael Gimignani, a staff member at The Independent Florida Alligator, a student run newspaper at the University of Florida. Gimignani's email discussed a dispute between Woodhull and the newspaper over whether a Woodhull play contained "dancing penises and condoms."  Meinel added more of her own commentary, stating that further research revealed that Woodhull had "been on America's Funniest Home Videos" and "says she is proud to be known as Wedgie Woman."

In January 2007, Woodhull filed a defamation lawsuit against Meinel in New Mexico state court.  Meinel filed a motion for summary judgment, arguing that the statute of limitations barred Woodhull's claims, and that section 230 of the Communications Decency Act ("Section 230") immunized her from liability for publishing Gimignani's emails.  The lower court agreed and dismissed the case.

Woodhull appealed, and a New Mexico appellate court reversed.  The appellate court held that, while New Mexico followed the single publication rule for Internet publications, a jury could find that the 2006 posting was sufficiently different from the 2003 posting to constitute a separate publication, resetting the statute of limitations.

The appellate court also held that a jury should decide whether Meinel's use of Gimignani's emails qualified for Section 230 immunity.  The court stated that Meinel meight be an original "information content provider" because she solicited the information from Gimignani for her own stated purpose of "making fun" of Woodhull, and incorporated this material into a overall posting along with her own thoughts.  The court noted, however, that a jury could view Meinel's posting as containing two distinct components -- her statements and Gimignani's statements -- and thus find Section 230 applicable to the component including the Gimignani's statements.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: Eric Goldman

Priority: 

1-High

Lesher v. Does

Date: 

02/03/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

John and/or Jane Does, No. 1-178; Shannon Coyel; Gerald Coyel; James Coyel; Charlie Doescher; Pat Doescher; Apache Truck & Van Parts

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

District Court of Tarrant County, Texas, 348th District Court

Case Number: 

348-235791-09

Verdict or Settlement Amount: 

$0.00

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Subpoena Enforced
Verdict (defendant)

Description: 

On February 03, 2009, Mark and Rhonda Lesher filed a defamation lawsuit against anonymous messageboard posters on Topix.com.  Self-described as "the world's largest community news site," Topix.com aggregates news articles and hosts messageboards for users to comment and discuss.  According to the Leshers' petition, over 1,700 defamatory statements were made about them by anonymous posters on Topix.com.  The 365-page petition includes 2,568 counts of defamation, libel per se and defamation per se against the anonymous users.  The petition specifically identifies postings made under 178 different usernames, such as "lou," "Awareness," and "BUDWEISER."  Because Topix messageboard users can post under multiple usernames and they can post under usernames previously used by others, the actual number of defendants in the lawsuit is uncertain.

According to the petition, the defamatory comments began "almost immediately" following allegations in April 2008 that the Leshers had sexually assaulted Shannon Coyle.  Mr. Lesher is a practicing attorney and Coyle was one of his previous clients.  Many of the allegedly defamatory comments crudely describe the Leshers as sexual deviants, molesters, and drug dealers. On January 15, 2009, a jury found the Leshers not guilty on all counts of sexual assault in relation to this matter, and they were subsequently acquitted. 

On February 3, 2009, the Leshers filed suit against the anonymous Topix.com posters in the District Court of Tarrant County, Texas, the 348th District Court.  Tarrant County is where the Leshers claim "a significant number" of the defendants are located, according to the "IP address locators" on Topix.com.  In their petition, the Leshers allege that the defamatory comments  "affected their reputations in the community as businesspersons and has significantly damaged their businesses."  Additionally, the comments are alleged to have "created psychological, emotional and financial trauma for both plaintiffs."

The Leshers did not file suit against Topix.com, nor did they request the offending postings be taken down.  However, they did make an ex-parte motion requesting that an out-of-state subpoena be issued to Topix.com, in order to identify the anonymous posters.  On February 04, 2009, Judge Dana Wormach of the District Court of Tarrant County Texas, the 384th District Court, issued an order granting the motion.  The order requested issuance of a letter rogatory to the Superior Court of Santa Clara County, California, where Topix.com is located. 

According to Texas Lawyer, Topix.com CEO Eric Tolles was served with a subpoena on February 5.  Texas Lawyer reports that Tolles is "willing to be reasonable in complying with the subpoena, even though requesting information for 178 names strikes him as 'fairly broad.'"  Additionally, Tolles is quoted saying "all we're going to be able to provide them with is an IP address," which is just the first step to identifying the posters.  The subpoena required the documents be produced by March 6, but according to Texas Lawyer, the Leshers have granted Topix.com an additional week to comply.

Judge Wormach's also ordered the Leshers to post notice of the subpoena "on the appropriate message boards on Topix.com," so that any objections could be made before February 18.  In a thread titled "Lesher v. Doe defamation lawsuit," William Pieratt Demond, who represents the Leshers, published notification of the lawsuit and the subpoena on Topix.com.  Demond advised those making libelous postings to "cease and desist."  Additionally, he offered "conditional immunity" to the first defendant who could provide the name, address, and telephone number of the poster using the pseudonym "lou."  The offer did not extend to the user of the name "lou," users of thee other pseudonyms, or anyone in the Coyel family.  Demond told Texas Lawyer that so far, no posters had come forward.

Update:

03/27/09 - The court denied Topix' motion to quash the subpoena.

08/03/09 - ABC News reports that the Leshers amended their complaint to name Shannon Coyel, Gerald Coyel, James Coyel, Charlie Doescher, Pat Doescher, and Apache Truck & Van Parts as defendants.

04/24/12 - The Fort Worth Star-Telegram reports that a jury in Tarrant County awarded the plaintiffs $13.78 million in damages for libel against defendants Shannon and Gerald Coyel, and Charlie and Pat Doescher.

06/08/12 - The court granted a motion for judgment notwithstanding the verdict, rendering judgment in favor of the defendant and ordering the plaintiff to pay defendant's court costs.


Read more here: http://www.star-telegram.com/2012/04/24/3909676/couple-smeared-online-win-lawsuit.html#storylink=cp

 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google News

CMLP Notes: 

4/27/12 - updated to add verdit, amended complaint AFS

Priority: 

1-High

Subject Area: 

Finkel v. Facebook

Date: 

02/16/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Facebook, Inc.; Michael Dauber; Jeffrey Schwartz; Melinda Danowitz; Leah Herz; Richard Dauber; Amy Schwartz; Elliott Schwartz; Martin Danowitz; Bari Danowitz; Alan Herz; Ellen Herz

Type of Party: 

Individual

Type of Party: 

Individual
Large Organization

Court Type: 

State

Court Name: 

Supreme Court of the State of New York, County of New York

Case Number: 

102578-2009

Legal Counsel: 

Lisa T. Simpson and Aaron G.R. Rubin - Orrick, Herrington & Sutcliffe LLP (for Facebook); Lina C. Rossillo - Morris Duffy Alonso & Faley (for Elliot, Jeffrey, and Amy Schwartz)

Publication Medium: 

Social Network

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

Teenager Denise Finkel sued four of her former high school classmates, their parents, and Facebook after the students created a private Facebook group called "90 Cents Short of a Dollar," which allegedly contained false and defamatory statements about her. 

The complaint alleges that statements appearing on the private Facebook group asserted or implied that she "was a woman of dubious morals, dubious sexual character, having engaged in bestiality, an 'IV drug user' as well as having contracted the H.I.V. virus and AIDS." Cmplt. ¶ 23.  The postings are attached as an exhibit to the complaint.

The complaint alleges that Facebook should be held liable for publishing the defamatory matter, explaining that it "should have known that such statements were false and/or have taken steps to verify the genuineness" of the statements. Id. ¶ 28.  

The complaint also alleges that the students' parents are liable for negligently failing to supervise their children.

Update:

9/15/09 - Court granted Facebook's motion to dismiss, finding that Facebook is immune from liability under Section 230 of the CDA.  Court rejects plaintiff's argument that Facebook's Terms of Use which grant it an "ownership interest" in the allegedy defamatory content makes Section 230 inapplicable.

 7/22/10 - After removal to state court, state judge dismissed the remaining claims, writing that, "Taken together, the statements can only be read as puerile attempts by adolescents to outdo each other" (slip op. at 7).

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: Newsday

  • Supreme Court Records On-Line Library - Docket for Finkel v. Facebook (search for Index Number 102578-2009)  THIS DOCKET SEARCH IS NOT CURRENTLY PULLING UP ANYTHING -- NEED TO CHECK AND RE-POST WHEN IT IS WORKING.
  • CR- Searching by Plaintiff=Finkel works.  The case number is correct, but the search doesn't pull up the case
  • avm 6/10/09 - pulled up case fine, uploaded motions to dismiss and attorney info, no rulings yet

 

Priority: 

1-High

Zammito v. Havrda

Date: 

11/19/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Richard Havrda

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the District of Massachusetts

Case Number: 

1:08-CV-11936

Legal Counsel: 

Pro se

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Material Removed
Settled (total)

Description: 

Automobile salesman Chris Zammito sued former employee Richard Havrda over a gripe site Havrda created at www.zammitoautogroup.com.  Zammito's complaint brought trademark infringment and cybersquatting claims over the site's use of the name "Zammito Auto Group."  As part of the cybersquatting claim, Zammito noted that Havrda offered to sell the domain for $1,000 and a $100 restaurant gift card. Zammito also brought a defamation claim arising from the site's inclusion of a photograph of Zammito and various derogatory statements about Zammito, his family, and the company.

Havrda disputed Zammito's claims in his answer.  He claimed that at least one of the disputed website statements was quoted from Zammito himself, who allegedly "loudly proclaimed the derogatory statements about his wife in a drunk and disorderly fashion" at a dinner with Havrda and others at Black Bass Grille -- the restaurant for which Havdra requested a gift card.  See Havrda's Answer at ¶ 10. 

Havrda's answer also stated that he already had removed the disputed site content per Zammito's request.  Havrda attached to his answer a letter in which he apologized to Zammito and his family and promised to surrender the zammitoautogroup.com domain. 

Two months after Havrda filed his answer and apology letter, the parties stipulated to dismissal of the case with prejudice, suggesting that they reached a settlement.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

RSS

CMLP Notes: 

Source: Dozier Internet Law

Priority: 

1-High

Singer v. Centropa

Date: 

11/21/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Central Europe Center For Research and Documentation Inc. (Centropa)

Type of Party: 

Individual

Type of Party: 

Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Eastern District of New York

Case Number: 

2:08-cv-04739

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Material Removed

Description: 

On November 21, 2008, John Singer filed a lawsuit against Centropa, a non-profit NGO based in Vienna, Austria, that focuses on documenting Jewish oral history through interviews. Centropa publishes these oral histories on its website, Centropa.org.  Singer's complaint, filed in the United States District Court for the Eastern District of New York, includes claims for libel and intentional infliction of emotional distress.

Singer alleges that Centropa published an interview with his mother on its website in 2005, in which she stated that neither of her sons were circumcised.  Singer asserts that he was in fact circumcised, and the complaint explains that “[a]s a Jewish male, it is in direct contradiction to Jewish law to be uncircumcised.” 

Singer further alleges that he notified Edward Serotta, the director of Centropa, that this statement was factually incorrect and that he did not want it published. According to the complaint, Serotta assured Singer in 2005 that the objectionable passage "would not be published."  In 2008, Centropa allegedly "reprogrammed its website," causing the interview to be republished.  Singer discovered the republication in October 2008 and demanded its removal.  On October 30, 2008, Singer was notified that the allegedly libelous statement had been deleted from the website.

The federal court docket reveals no activity since December 2008, and it is not clear whether Singer has served the complaint on Centropa.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google News

Priority: 

1-High

Harding v. Green

Date: 

12/22/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Joan L. Green

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the District of Nevada

Case Number: 

2:08-cv-01799

Legal Counsel: 

Pro Se

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Injunction Issued
Material Removed
Settled (total)

Description: 

Nevada attorney Samuel A. Harding filed a defamation and cybersquatting lawsuit against Joan L. Green after Green allegedly created a website critical of Harding at www.attorneysamharding.com. Harding alleged that Green's site "falsely states that Plaintiff committed illegal and criminal acts in the representation of clients." Harding's Complaint ¶ 11. Harding also alleged that Green was using his professional name and service mark in her domain name with a bad-faith intent to profit and in a manner likely to confuse Internet users.

The complaint claims Harding tried to the resolve the dispute by asking Green to transfer the domain to him. Green allegedly responded by putting the domain up for sale on auction site Afternic.com. The complaint seems to rely on Green's attempted sale of the domain to argue that Green had a bad-faith commercial motivation for launching the site. See Harding's Complaint ¶¶ 13-14, 17-18.

In the suit, Harding filed a motion for a temporary restraining order and preliminary injunction that would (1) prevent Green from using Harding's name and service mark (2) order Green and registrar Register.com to transfer the attorneysamharding.com domain to Harding. The court granted the motion, but it ordered only that Register.com "lock" the domain so that Green could not sell it.

Harding later dropped his motion for preliminary injunction on the ground that he had "obtain[ed] some of the relief sought by his Motion for Preliminary Injunction." See Harding's Motion to Vacate Hearing on Motion for Preliminary Injunction at pg. 1.  A website favorable to Harding soon appeared at the attorneysamharding.com domain.

On February 13, 2009, Green, acting pro se, filed her answer to the complaint. Harding filed a motion to strike Green's answer on the ground that it failed to comply with various rules of civil procedure.

Update:

04/27/2009 - Greeen filed her Counterclaim and Complaint for Damages.

08/26/09 - The parties appeared before federal magistrate judge Hon. Lawrence Leavitt for oral argument, and Green agreed to dismiss her counterclaims against Harding.

10/14/2009 - After the parties settled, the court dismissed the case pursuant to a Stipulation and Order for Dismissal, With Prejudice, of All Claims and Counterclaims, and for a Permanent Injunction. In the order, the parties stipulated that the court would enter a permanent injunction against Green prohibiting her from "(1) using Harding's name or confusingly similar variations thereof, alone or in combination with any other letter, word, letter string, phrase or design, for any purpose (including, but not limited to, on web sites and in domain names); and (2) registering owning, leasing, selling, or trafficking in any domain name containing Harding's name or service mark, or confusingly similar variations thereof, alone or in combination with any other letters, words, phrases or designs."

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google Blogs

CMLP Notes: 

Source: Dozier Internet Law

Priority: 

1-High

Nomvuyo Mzamane v. Huffington Post

Date: 

10/03/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

HuffingtonPost.com Inc.; Ariana Huffington; Joan Stewart; Media Relations Consulting Inc.

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Pennsylvania Court of Common Pleas, Philadelphia County

Case Number: 

080905308

Legal Counsel: 

Ron Coleman - Goetz Fitzpatrick LLP (for Defendant Stewart); Mary Mulligan - Friedman Kaplan Seiler & Adelman LLP (for Defendant Huffington and Defendant Huffington Post)

Publication Medium: 

Blog

Status: 

Concluded

Disposition: 

Retraction Issued
Settled (total)

Description: 

On October 3, 2008, Nomvuyo Mzamane, the former headmistress of Oprah Winfrey's South African Leadership Academy for Girls, filed a defamation lawsuit in Pennsylvania state court against online news site and group blog The Huffington Post, its owner Ariana Huffington, and blogger and publicity expert Joan Stewart.  She also filed a separate lawsuit against Oprah Winfrey.

On November 7, 2007, Stewart published a blog post on The Publicity Hound's Blog, in which she commented on Winfrey's efforts to manage the public relations fallout from a sexual abuse scandal at the Academy.  In the post, Stewart falsely stated that Mzamane had been charged with a crime in connection with the scandal.  On November 19, 2007, Stewart republished the statement in a posting on The Huffington Post.  In her lawsuit, Mzamane claimed that this statement was defamatory.  

According to the Media Bloggers Association's Legal Blog, the parties settled in December 2008.  The Huffington Post and Stewart both agreed to post apologies alongside the original posts (here, here), but they did not make any payments or provide any other consideration. 

Jurisdiction: 

Content Type: 

Subject Area: 

Pages