Defamation

Higher Balance Institute v. Signs of the Times

Date: 

02/25/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Quantum Future Group, Inc; Quantum Future School; Signs of the Times; Laura Knight-Jadczyk

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the District of Oregon

Case Number: 

3:08-cv-00233

Legal Counsel: 

Walter Hansell; Stephen Kaus

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)

Description: 

On March 13, 2008, Higher Balance Institute (HBI), which markets metaphysical products and education programs, filed a defamation lawsuit against the alternative news website Signs of the Times and its operators, the Quantum Future Group and Laura Knight-Jadczyk. Only Quantum Future Group has been served. HBI claims that employees of the Quantum Future Group posted defamatory statements about it on one of the website's forums. According to the complaint, these statements include allegedly false claims that HBI is a "front for pedophilia," that HBI is "conning the public," that meditation, as sold by HBI is an act of "falling into confluence with a psychopathic reality," and that HBI is a "cointelpro" organization. Cmplt. ¶23. (The Signs of the Times website uses the term "cointelpro" to refer to organizations that it claims perpetuate the ethos of a 1970s FBI counter intelligence program designed to quell domestic dissent.)

The complaint, filed in federal district court in Oregon, contains claims for defamation, false light invasion of privacy, and intentional interference with business relationships and prospective economic advantage. HBI seeks over $4 million in damages and an injunction. On April 25, 2008, Quantum Future Group moved to strike the complaint pursuant to Oregon's anti-SLAPP statute, Or. Rev. Stat. § 31.150.

Update:

4/25/2008 - Quantum Future Group filed motions to dismiss for failure to state a claim on which relief can be granted and for lack of personal jurisdiction.

5/19/2008 - Quantum Future School, Signs of the Times, and Knight-Jadezyk filed special motions to strike the complaint under Oregon's anti-SLAPP statute and joined Quantum Future Group's motion to strike. 

12/18/2008 - The district court granted the defendants' motions to strike the complaint under Oregon's anti-SLAPP statute. The court's decision relied in part on section 230 of the Communications Decency Act.

06/18/2009- The court granted in part the defendants' motion for attorney's fees. The court found the request of over $135,000 to be excessive, and so awarded $51,500.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: User submission (both Contact form and in a blog comment); Google Blog Search

Status updated on 1/5/2009 (SB)

Updated 6/24/09 AVM - I added information about award of costs. 

Gatto v. Capeci

Date: 

01/29/2008

Threat Type: 

Other

Party Receiving Legal Threat: 

Jerry Capeci, individually and doing business as Gang Land News

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Supreme Court of the State of New York, County of Richmond; Supreme Court of the State of New York, Appellate Division: Second Judicial Department

Case Number: 

Docket No. 2008-1590; Richmond County Index No. 80037/2008

Legal Counsel: 

Zachary Margulis-Ohnuma

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Description: 

On January 29, 2008, Domenic Gatto and Atlantic Express Transportation Corp. filed a special proceeding in New York Supreme Court, Richmond County, seeking permission to file a sealed lawsuit for defamatioin against Jerry Capeci. Capeci, a former organized crime reporter with The Daily News, runs GangLandNews.com, a website devoted to coverage of organized crime. On December 27, 2007, Capeci published an article about Gatto.

In a February 8, 2008 hearing before the court, Gatto's lawyers indicated that Capeci's article made statements linking Gatto to organized crime and republished information from a district attorney's affidavit filed as part of an application for a wiretap warrant. According to Gatto's lawyers, New York law requires affidavits of this kind to be filed under seal (i.e., not open to the public). They argued that the court should bar public access to the court file of Gatto's as-yet-unfiled lawsuit in order to stop the press from repeating the allegations in the (allegedly) improperly leaked affidavit.

The court denied Gatto's request. Gatto appealed, but the appellate division rejected his appeal. It also rejected Capeci's motion requesting that the court sanction Gatto and require him to pay Capeci's attorneys' fees. As of April 11, 2008, Gatto had not filed a complaint or served Capeci.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

 

Source; RSS feeds

Perez Hilton v. Jonathan Jaxson

Date: 

04/09/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Jonathan Wayne Lewandowski, aka Jonathan Jaxson, aka Jonathan Taylor; and Does 1 through 25

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of California, County of Los Angeles; United States District Court, Central District of California

Case Number: 

BC388760 (state); 2:08-cv-03074 (federal)

Legal Counsel: 

Brian Spitz (The Spitz Law Firm)

Publication Medium: 

Blog
Print
Verbal

Relevant Documents: 

Status: 

Concluded

Disposition: 

Settled (total)

Description: 

On April 8, 2008, Perez Hilton sued fellow gossip-blogger Jonathan Jaxson for libel, slander, invasion of privacy, harassment, and intentional infliction of emotional distress. Jaxson, the former publicist for the Backstreet Boys whose real name is Jonathan Wayne Lewandowski, operates a blog called JJ's Dirt that feeds the public's apparently unlimited hunger for celebrity gossip.

The complaint, which Hilton filed in Los Angeles County Superior Court, alleges that Jaxson slandered him by stating that Hilton had solicited sexual favors from Jaxson in exchange for help promoting Jaxson’s website. The complaint specifically refers to a February 28 article in the New York Post in which Jaxson stated that Hilton encouraged him to send sex tapes of himself. "He would tell me he would give me stories for my blog," Jaxson told the Post. "He used me."

Hilton also claims that statements Jaxson made to ABC News, Popcrunch.com, and HollywoodCrap.com, were defamatory. According to ABC News.com and allegations in Hilton's complaint:

Jaxson sent ABCNEWS.com copies of several instant message conversations he claims he had online with Lavandeira. The conversations appear to show Lavandeira requesting sex videos from Jaxson, apparently coaching him on who to send the tapes to and also contains several nude shots of Jaxson. ABCNEWS.com has not been able to independently verify the authenticity of the instant message conversations. . . .

"[Lavandeira] was using me as his personal porn service," said Jaxson, who admitted to sending several sex tapes and photographs featuring himself to Lavandeira on the condition that he would alert him to breaking celebrity news. "I felt manipulated."

Hilton states in his complaint that there was no agreement to exchange sex for his helping publicize Jaxson's blog.

Adding to the emotional nature of the dispute, Jaxson published Hilton's personal phone number on his blog earlier this week and told his readers that Perez "has hurt me and millions of others, because of this I think you should call him and let him know how you feel."

Under California's court rules, Jaxson has 30 days to answer the complaint.

Update:

5/9/2008 - Jaxson gave notice of the case's removal to the United States District Court, Central District of California.

6/2/2008 - Jaxson answered Hilton's complaint.

9/18/2008 - The parties entered into a written settlement agreement. (See exhibit A).

7/15/2009 - Jaxson filed a lawsuit against Hilton, alleged that he violated the 9/18/2008 settlement agreement. 

Jurisdiction: 

Subject Area: 

CMLP Notes: 

Status updated on 6/6/2008 (AAB)

Updated 1/23/09 - VAF

Update 7/15/2009 - AVM added info on settlement and new suit. 

Perez Hilton Sues Fellow Gossip-Blogger For Defamation Over Alleged Sex Tapes

Earlier this week, Perez Hilton sued fellow gossip-blogger Jonathan Jaxson for libel, slander, invasion of privacy, harassment, and intentional infliction of emotional distress. Jaxson, the former publicist for the Backstreet Boys whose real name is Jonathan Wayne Lewandowski, operates a blog called JJ's Dirt that feeds the public's apparently unlimited hunger for celebrity gossip.

Jurisdiction: 

Subject Area: 

Internet Solutions v. Marshall: Internet Defamation Case Dismissed for Lack of Personal Jurisdiction

A quick update on the Internet Solutions v. Marshall case, which I've blogged about at length previously. This case is significant to us because Tabatha Marshall, the defendant, was the first user of our website to submit information about her case through our threat entry form.

Jurisdiction: 

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Subject Area: 

Gillam v. Klein

Date: 

04/11/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Klein Investments, Inc.; Philip Klein; Fox Radio 1340AM, Mitch Woods; and Ronnie Linden

Type of Party: 

Individual

Type of Party: 

Individual
Organization
Media Company

Court Type: 

State

Court Name: 

Jefferson County District Court

Case Number: 

A-0179090

Legal Counsel: 

John S. Morgan (Lindsay & Morgan PLLC) (for Klein)

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

Tom Gillam, a Justice of the Peace in Texas, sued blogger and talkshow host Philip Klein for defamation stemming from statements Klein made on his blog, the Southeast Texas Political Review. Gillam also sued Klein Investments Inc., Klein's company, Fox Radio 1340AM, which broadcasts a radio show for Klein, Ronnie Linden, Klein's radio co-host, and Mitch Woods, a local sheriff. Gillam sought damages as well as a temporary restraining order to preserve the original website content and recordings of the radio show co-hosted by Klein.

According to court filings, Gillam based his defamation claim on a purported statement by Klein that he engaged in an inappropriate sexual act with a woman at the Port Arthur courthouse. In a statement released by his attorneys and published by the Port Arthur News, Gillam also claims: “Klein further stated in the same article that an employee walked in on Judge Gillam during the alleged act, became upset and left the courthouse in a manner that caused a glass door to break. This story is patently false, malicious and defamatory.”

On June 10, 2008, Klein announced that the parties had settled the matter amicably. Klein stated that an investigation had cast doubt upon the allegations against Gillam and noted that he now believed Gillam was innocent. The Southeast Texas Record reports that Gillam then dismissed the suit and that no money or other compensation was exchanged.

Jurisdiction: 

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Subject Area: 

iBrattleboro Victorious, Court Dismisses Libel Lawsuit Under Section 230 of Communications Decency Act

A Vermont judge has dismissed the libel lawsuit filed against Chris Grotke and Lise LePage, co-founders and owners of iBrattleboro.com, a widely acclaimed community journalism site based in Brattleboro, Vermont, ruling that Grotke and LePage are immune from liability under sec

Jurisdiction: 

Subject Area: 

Unnamed Businessman v. Disqus

Date: 

12/07/2007

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Disqus

Type of Party: 

Individual

Type of Party: 

Organization
Intermediary

Publication Medium: 

Website

Status: 

Concluded

Disposition: 

Material Removed

Description: 

Disqus is a provider of a website comment system, which enables website operators and bloggers to fight spam and manage the comments appearing on their platforms. It also allows commenters to create profiles that store their comments from all websites and blogs using the Disqus system and incorporate ratings from other Disqus users. In December 2007, an individual claiming to be the president of a European company sent an email to Daniel Ha, a Disqus co-founder. The email complained about a comment appearing on a Disqus-enabled site. (In his post about the situation, Mr. Ha declined to identify the businessman or the site where the comment appeared.) The email demanded that Disqus remove the allegedly defamatory comment and threatened legal action in the United Kingdom, Sweden, and the United States if the company failed to comply.

Mr. Ha refused to remove the comment and responded to the email, arguing that the decision about whether or not to remove the comment belonged to the site operator originally hosting it, not Disqus. He also invoked CDA 230, which protects providers and users of interactive computer services from tort liability for the statements of third parties. Mr. Ha exchanged further correspondence with the unnamed businessman, but maintained his position that Disqus would not remove the comment.

In a follow-up comment to his blog post on the situation, Mr. Ha indicated that the site owner contacted him and indicated that the comment would be removed. The situation thus appears to be resolved.

Jurisdiction: 

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Subject Area: 

Kono v. Meeker

Date: 

05/15/2003

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Lawrence Meeker; Carole Meeker

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Iowa District Court for Polk County; Court of Appeals of Iowa

Case Number: 

7-596 / 06-1554

Verdict or Settlement Amount: 

$500,000.00

Legal Counsel: 

Margaret Callahan

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Verdict (plaintiff)

Description: 

In May 2003, Dana Kono sued Lawrence and Carole Meeker in Iowa state court for defamation, false light invasion of privacy, and intentional infliction of emotional distress. After an acrimonious business dispute between the Meekers and Kono over a botched exchange of antique mechanical devices, the Meekers published a page on their website called the "Dana Kono Watch page." According to the Court of Appeals decision in the litigation, the Meekers' webpage stated that Kono was an "admitted liar," said that Kono "has a problem with the truth, with facts, and it seems with alcohol," and made other statements accusing Kono of being a disreputable person. The Meekers also posted excerpts from their email communications with Kono.

Kono sued, arguing that the statements on the Meekers' site were false and defamatory. The case went to trial, and the jury awarded Kono $500,000, including $150,000 for defamation, $50,000 for invasion of privacy, $50,000 for intentional infliction of emotional distress, and $125,000 in punitive damages. The Meekers appealed, and the Court of Appeals of Iowa affirmed the jury verdict on all counts.

Jurisdiction: 

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Subject Area: 

World Wide Association of Specialty Programs v. PURE, Inc.

Date: 

01/04/2002

Threat Type: 

Lawsuit

Party Issuing Legal Threat: 

World Wide Association of Specialty Programs, Inc.

Party Receiving Legal Threat: 

PURE, Inc.; Sue Scheff; Jeff Berryman

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the District of Utah; United States Court of Appeals for the Tenth Circuit

Case Number: 

2:02-CV-00010 (trial level); 04-4312 (appellate level)

Legal Counsel: 

C. Richard Henriksen, James Seaman, Aaron Flater

Publication Medium: 

Forum
Print
Verbal
Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (partial)
Verdict (defendant)

Description: 

World Wide Association of Specialty Programs and Schools ("World Wide") is a Utah corporation that provides referral services, counseling, and recomendations with regard to schools and residential treatment programs for troubled and at-risk teenagers. In January 2002, World Wide sued PURE Foundation, Inc., Sue Scheff, and Jeff Berryman in federal district court in Utah after Ms. Scheff and Mr. Berryman made negative comments about World Wide on various Internet sites. The dispute arose when Scheff sent her teenage daughter to a World Wide-affiliated school, removed her daughter from the school, sharply criticized World Wide's practices on her website and various Internet chatrooms (allegedly in conjunction with Berryman), and then founded PURE, a competing service.

World Wide 's complaint alleged defamation, intentional interference with prospective economic advantage, and unfair business practices under the Lanham Act (15 U.S.C. sec. 1125(a)). After lengthy proceedings, the trial court granted summary judgment for Mr. Berryman and dismissed the case against him. World Wide's case against Ms. Scheff went to trial, and the jury found in her favor on all counts. World Wide appealed, and the Tenth Circuit Court of Appeals affirmed.

Jurisdiction: 

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Subject Area: 

Floyd v. WBTW

Date: 

07/17/2006

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Media General Operations, Inc. as WBTW-TV

Type of Party: 

Individual

Type of Party: 

Organization
Media Company

Court Type: 

Federal
State

Court Name: 

Court of Common Pleas, Fifteenth Judicial Circuit, South Carolina; United States District Court for the District of South Carolina

Case Number: 

2006-CP-26-3708 (state); No. 4:06-cv-3120-RBH (federal)

Legal Counsel: 

Jerry Bender, George Reeves, and Susan Bunch

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Settled (total)

Description: 

In July 2006, Dr. James Floyd sued South Carolina television station WBTW-TV and its parent company for defamation in South Carolina state court. The dispute revolved around a March 1, 2006 WBTW-TV report on local doctors suspended from the practice of medicine for various forms of misconduct. The report directed viewers to WBTW's website, which contained a list of suspended doctors and the reasons for their suspensions. According to Dr. Floyd's complaint and other court papers, the website indicated that Floyd's license had been suspended because of his use of crack cocaine when in fact it had been suspended due to alcohol-related problems.

WBTW removed the case to federal court in South Carolina and moved for summary judgment, arguing that the statement on the website was substantially true and that the reporter who posted it lacked "common law malice," which requires that the publication be motivated by hatred, ill will, or desire to injure. The Court denied WBTW's motion, ruling that the issues raised by the television station were questions of fact for the jury to decide.

On January 10, 2008, the trial in the case began. The parties settled on the same day, before it concluded.

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Subject Area: 

Garrido v. Bambauer

Date: 

01/16/2008

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Derek Bambauer

Type of Party: 

Individual

Type of Party: 

Individual

Legal Counsel: 

Derek Bambauer (Pro Se - he is a lawyer)

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Description: 

Derek Bambauer, a law professor and legal blogger, wrote a series of posts about the Garrido v. Krasnansky case on the blog Info/Law. In one of the posts, Bambauer expressed an unflattering opinion about Ms. Garrido, who had obtained an order from a Vermont family court judge requiring her husband to remove posts about her and their marriage from his blog, LookAtMyPugs's Jurnull. On January 16, 2008, Garrido, acting through her lawyer, sent Bambauer a cease-and-desist letter, in which she demanded that he remove the unflattering statement about her.

Bambauer refused to remove the statement. Instead, he explained in a parenthetical that Garrido's attorney disputed his opinion and posted a link to the letter. Garrido's attorney then faxed a letter to Dean Frank Wu of Wayne State University School of Law, the law school where Bambauer teaches. The second letter claimed that Bambauer's statement was "inappropriate and quite possibly defamatory" and requested Wu's assistance in getting Bambauer to remove it.

Bambauer has not removed the statement from his blog and has indicated that Dean Wu is "strongly supportive" of him on this issue. Ellwood has not taken any legal action on the matter.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Status checked on 6/4/2008, no new information (AAB)

In re Jimmie P. Cokinos

Date: 

06/01/2004

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

John Doe ("recall+carl01")

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

District Court of Jefferson County, Texas, 60th Judicial District

Case Number: 

B-172,785

Legal Counsel: 

Paul Alan Levy, Allison M. Zieve; Richard Aman

Publication Medium: 

Email

Relevant Documents: 

Status: 

Concluded

Disposition: 

Subpoena Quashed

Description: 

Jimmie Cokinos, a former Jefferson County Commissioner, petitioned a Texas state court for permission to issue a subpoena to Time Warner Cable seeking the identity of a subscriber. The subscriber, using the pseudonym "recall+carl01," had sent a series of emails to voters at the time Cokinos was (unsuccessfully) seeking re-election. The emails criticized Cokinos and other public officials for allegedly making wasteful public expenditures and satirized them by placing photographs of their heads on photographs of characters from "Hogan's Heroes" and "Star Wars." In his petition, Cokinos alleged that the emails were defamatory and violated the Texas Election Code.

When Time Warner notified its subscriber of the subpoena, the pseudonymous emailer moved to quash the subpoena with the help of the Public Citizen Litigation Group. Doe argued that the First Amendment protected his/her right to speak anonymously and that the emails contained legitimate criticism, not defamatory statements. The court agreed and granted the motion to quash.

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Subject Area: 

Global Royalties v. Xcentric Ventures

Date: 

07/24/2006

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Xcentric Ventures, LLC; Ed Magedson; Jane Doe Magedson

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Court Type: 

Federal
International

Court Name: 

Superior Court of Ontario; United States District Court for the District of Arizona

Case Number: 

2:2007cv00956 (D. Ariz.)

Legal Counsel: 

Maria Crimi Speth; David Scott Gingras

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

Global Royalties, Ltd., an international firm that brokers investments in gemstones, sued Xcentric Ventures, Inc., Ed Magedson, and Jane Doe Magedson over three allegedly defamatory posts made by a third party, Spencer Sullivan, on Xcentric's website Ripoff Report. According to the amended complaint, Sullivan criticized Global Royalties and individuals associated with it and accused the company of "operating a scam involving the sale of gem stones." Am. Compl. ¶ 15. Sullivan allegedly posted this latter comment under the category "Con Artists," one of a number of categories Ripoff Report users can choose from when posting. Id.¶ 16. After Global Royalties' lawyers contacted him, Sullivan requested that his posts be removed from the website. Ripoff Report did not remove the posts, following its strict policy against removing reports.

In July 2006, Global Royalties and its owner, Brandon Hall, sued Sullivan and Xcentric in the Superior Court of Ontario, Canada. When Xcentric did not appear to defend itself, the Canadian court found it in default and issued an order requiring Xcentric to remove the disputed statements. When Xcentric still refused to take down the posts, Global Royalties and Hall sued in federal court in Arizona, seeking to enforce the Canadian court order and bringing a defamation claim under Arizona law.

Xcentric moved to dismiss on the grounds that the Canadian order was unenforceable and that the defamation claim was barred by the statute of limitations, the truth of the statements, and CDA 230 immunity. The court granted Xcentric's motion to dismiss, ruling that the Canadian order was not entitled to enforcement because it was not a final judgment. The court dismissed the defamation claim on grounds that CDA 230 immunized the defendants. It ruled that CDA 230 protected the defendants even though they provided a list of categories including the term "Con Artist" and even though Sullivan himself asked for the post to be removed. The court allowed Global Royalties to file an amended complaint, which it did in December 2007.

The amended complaint dropped the claim for enforcement of the Canadian order and re-pled the defamation claim. Xcentric again moved to dismiss, raising CDA 230 and statute of limitations defenses. In opposing the motion, Global Royalties recycled its previous argument that CDA 230 should not protect website operators when the author of a statement asks for it to be removed. In February 2008, the court granted Xcentric's motion and dismissed the case, noting that "liability based on an author's notice, workable or not, is without statutory support and is contrary to well-settled precedent that the CDA is a complete bar to suit against a website operator for its 'exercise of a publisher's traditional editorial functions -- such as deciding whether or not to publish, withdraw, postpone or alter content.'"

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Status checked on 6/4/2008, no appeal filed. (AAB)

Karl v. Feinstein

Date: 

02/26/2008

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Andrew Feinstein

Type of Party: 

Individual

Type of Party: 

Individual

Publication Medium: 

Blog

Status: 

Pending

Description: 

A lawyer for Denver Nuggets coach George Karl has threatened blogger Andrew Feinstein with legal action if he crosses "the boundaries of permissible speech." Feinstein, a frustrated Nuggets fan, created a blog called Fire George Karl, lamenting what he sees as a series of "blown games, losses against sub-.500 opponents, porous defensive performances and incoherent offensive schemes." On February 26, 2008, Karl's lawyer sent Feinstein an email:
Is your life really this boring and meaningless that you would spend the hours necessary to create such a website?

As Coach Karl’s counsel I am putting you on notice that I will sue you into bankruptcy should you cross the boundaries of permissible speech.

Feinstein posted the email on his blog.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Status checked on 6/5/2008, no new information.  Feinstein did thank the lawyer for all the publicity the blog got thanks to his threat, though.  (AAB)

Anthony Ciolli, former AutoAdmit Defendant, Sues Everyone

Breaking news from Above the Law: Anthony Ciolli, former defendant in the controversial AutoAdmit case, has filed a lawsuit in Pennsylvania state court against the two plaintiffs in that case, their lawyers, ReputationDefender and one of its employees, and the shadowy "T14 Talent." He alleges wrongful initiation of civil proceedings, abuse of process, libel, slander, false light invasion of privacy, tortious interference wi

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Subject Area: 

Left Behind Games, Inc. v. Gameology

Date: 

09/25/2007

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Gameology.org; Public Theologian.com; Raving Atheists.com; Earthside.com, Radical Congruency.com

Type of Party: 

Organization

Type of Party: 

Individual

Publication Medium: 

Blog
Forum

Status: 

Pending

Description: 

Gameology, a video-game-review site, posted some criticisms of "Left Behind: Eternal Forces," a Christian-themed video game. Gameology's posts took issue with the game's atmosphere of faith-based violence and criticized its treatment of women and minorities. Several other blogs and forums, including Radical Congruency, Raving Atheists, Earthside, and Public Theologian, posted similar criticisms. Some of these sites criticized Left Behind Games, Inc., which created the game, and noted the company's financial troubles.

Left Behind Games posted two responses to the criticisms via comments at Gameology, calling the criticisms "misleading." The company later sent a cease-and-desist letter to Gameology through its legal advisor Gordon D. Katz, alleging that the criticisms were false and misleading. The letter threatened suit if any false and misleading material is not removed.

Left Behind Games sent similar letters to the aforementioned blogs and forums. None of the letters describe specific statements that are allegedly false and misleading.

As of 03/02/2008, only Earthside has chosen to remove the disputed content, replacing it with a copy of the threat letter and a short explanatory note. Gameology and the remaining sites thus far have not elected not to remove the criticisms.

Jurisdiction: 

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Subject Area: 

CMLP Notes: 

Status checked on 6/5/2008, no new information.  Left Behind Games has changed its name, however, to Inspired Media Entertainment. (AAB)

Lochrie v. No Phat Pink Chicks

Date: 

12/01/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Beth Norby

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

California Superior Court, Shasta County

Case Number: 

SCRDCVPT-07-0161960

Legal Counsel: 

Gregory Winters

Publication Medium: 

Blog

Status: 

Pending

Disposition: 

Injunction Denied

Description: 

Christy Lochrie is a local journalist and blogger for The Record Searchlight in Redding, California. She authors a blog for the newspaper called "Phat & Pink." Lochrie's former friend Beth Norby created a "local media watch-dog blog" entitled "No Phat Pink Chicks" that criticizes and mocks Lochrie.

Lochrie filed a lawsuit in California state court and sought a restraining order against Norby and requested that Norby be forced to shut down her blog and cease blogging about her. The court denied Lochrie's requests on First Amendment grounds. Gibson acknowledged that Norby's blog was "rude and boorish" but said that it did not constitute harrassment and was protected as free speech under the First Amendment. Norby requested an award of attorney's fees following the decision, which the court denied on grounds that Norby's comments "brought this on."

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

MCS reviewed.

find out if still pending

Status checked on 6/5/2008, no new information.  (AAB) 

Alkateeb v. Does

Date: 

05/13/2005

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

The Knot, Inc.; Does 1-10

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of New York

Case Number: 

05-CV-4683

Legal Counsel: 

Peter M. Agulnick, P.C.; David M. Zensky (for The Knot)

Publication Medium: 

Email
Forum

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (partial)
Withdrawn

Description: 

Naji A. Alkateeb and Deanna R. Wilson-Alkateeb filed a "John Doe" lawsuit in federal district court in New York in May 2005. According to court documents, several anonymous Internet users(using Google and Hushmail email addresses) allegedly postedinsulting comments, threats, and personal information related to theAlkateebs on the forum sections of two websites: TheKnot.com and Photobucket.com. Certain unknown defendants also allegedly sent defamatory emails to third parties, including the plaintiffs' extended family. The Alkateebs sued for defamation, invasion of privacy (through publication of private facts), and intentional and negligent infliction of emotional distress.

After filing suit, the Alkateebs subpoeanaed The Knot, Photobucket, Google, and Hushmail for information that would reveal the identities of the anonymous posters. Three anonymous defendants received notice of the subpoena and moved to quash, and Public Citizen filed an amicus brief, in which it argued that the First Amendment protected the defendants' right to speak anonymously. Public Citizen also argued that the plaintiffs had not shown that jurisdiction was proper either in federal court or in New York. Apparently the court allowed some of the subpoenas to issue.

The Alkateebs filed an amended complaint in September 2005, in which they named the Knot, Inc. and four individuals as defendants. On Jan 31, 2006, the Alkateebs filed a motion to voluntarily dismiss the complaint without prejudice. The court granted the motion as to all defendants except the defendants who had already moved to dismiss for lack of jurisdiction. When the plaintiffs did not respond within thirty days to the motion to dismiss for lack of jurisdiction, the court dismissed the lawsuit against the final three defendants with prejudice.

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Aaron editing.

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