User Comments or Submissions

Issue relates to user comments or submissions on blogs, forums, and other websites.

D'Amato v. Starr

Date: 

05/18/2006

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

David W. Starr; Magic Touch Productions; Kent Barclay; GoDaddy.com; Intercosmos Media Group, Inc. D/B/A Directnic.com; Blogspot.com; Google.com; Blogger.com; Pyra.com, Ltd.; ThePlanet.com; Computer Tyme Hosting

Type of Party: 

Individual

Type of Party: 

Individual
Organization
Large Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Eastern District of New York; United States District Court for the Central District of California

Case Number: 

2:06-cv-02429 (E.D.N.Y.); 2:07-cv-03328 (C.D.Ca.)

Legal Counsel: 

Tonia Ouellette Klausner - Wilson Sonsini Goodrich & Rosati P.C. (for Defendants Blogspot.com, Google.com, Blogger.com, Pyra.com, Ltd.)

Publication Medium: 

Blog
Forum
Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Injunction Denied
Withdrawn

Description: 

On May 18, 2006, David D'Amato filed a lawsuit against David Starr, Magic Touch Productions, Kent Barclay, and a number of website hosting companies over allegedly false and defamatory statements posted on various blogs, forums, and websites.  The complaint included claims for defamation, infliction of emotional distress, and unauthorized use of his photograph in violation of New York Civil Rights Law §51 (scroll down).

D'Amato's complaint accuses Starr of posting defamatory statements about D'Amato on at least seven websites and three blogs, including statements that D'Amato is a liar, a pervert, a convicted cyber stalker, and that he poses as a woman online.  The complaint also accuses Starr of posting D'Amato's picture without his consent.  D'Amato testified that he and Starr had had a prior "business relationship" regarding the sale of "tickling fetish videos," according to the report of Magistrate Judge William Wall. 

The complaint also accuses Barclay of posting false and defamatory statements about D'Amato on his websites damonkruezer.net (defunct) and kruezeratnight.com (CAUTION: May Contain Adult Content).  Additionally, the complaint asserts claims against Magic Touch Productions, operator of the forum at ticklingforum.com (CAUTION: Contains Adult Content), and a number of website hosting companies, for failure to remove defamatory statements about D'Amato after receiving notice.  The complaint requested injunctive relief and damages not less than $20 million in total.

On May 19, 2006, the United States District Court for the Eastern District of New York denied D'Amato's request for a temporary restraining order.  On March 27, 2007, the court found that it lacked personal jurisdiction over the defendants and ordered the case to be transferred to the United States District Court for the Central District of California.  On July 16, 2007, D'Amato voluntarily dismissed his action against the defendants without prejudice.  

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: LexisNexis

Priority: 

1-High

Grand Palms Golf & Country Club v. Rapillo

Date: 

10/02/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Jessica Rapillo

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Broward County 17th Judicial Circuit of Florida

Case Number: 

CACE08047249 or 062008CA047249AXXXCE

Legal Counsel: 

Pro Se

Publication Medium: 

Website

Status: 

Pending

Disposition: 

Lawsuit Filed

Description: 

On October 2, 2008, the Grand Palms Golf & Country Club in Pembroke Pines, FL filed a suit in Broward County Court against Jessica Rapillo, a New York resident.  According to the New York Hospitality blog, the Grand Palms alleges that Rapillo posted a defamatory review of its hotel on a travel site.  The suit is pending.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google News

Priority: 

1-High

Hammer v. Trendl

Date: 

04/23/2002

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Anthony Trendl

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Eastern District of New York

Case Number: 

2:02-cv-02462

Legal Counsel: 

Heather Windt - Friedman Kaplan Seiler and Adelman LLP

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

In early 2002, self-published author Jeffrey Hammer sued Anthony Trendl in federal court in New York alleging violations of federal copyright law and defamation for negative reviews posted on Amazon about Hammer's books.  Hammer also sought a temporary restraining order preventing Trendl from posting any further comments on Hammer's books on the internet, enjoining Amazon from removing his books from its website, and directing Amazon to remove the negative comments.

The court denied the request for a temporary restraining order.  It found that Trendl's comments were pure opinion and therefore protected speech and that there was no evidence that Trendl copied any of the work.  The court also ruled that Amazon could not be subjected to an injunction because it was not a party to the case, despite Hammer's argument that Amazon provided Trendl with an attorney.

The court also granted Trendl's motion to dismiss the case for lack of personal jurisdiction. Later, the court instituted a special procedure that Hammer had to follow if he wanted to file any papers in connection to the case because of the high number of motions he filed (over 50).  After receiving this order, Hammer continued filing motions and filed a lawsuit against Amazon.  The court then issued an order preventing him from filing any papers in the United States District Court for the Eastern District of New York without advance permission from the court.  Hammer's appeals to the Second Circuit and the Supreme Court were denied.  

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

EDNY Pacer doesn't have the court documents.  However, the Pacer docket shows some craziness - I think Hammer has been precluded from filing any lawsuits in EDNY in the future absent permission from the court.  Whoever edits this entry should check that out. {MCS}

Order available at 2003 U.S. Dist. LEXIS 623

Also see Hammer v. Amazon.com, 392 F. Supp. 2d 423, 2005 U.S. Dist. LEXIS 33398 (E.D.N.Y., 2005) 

RPK

Priority: 

1-High

Monex Deposit Co. v. Gilliam

Date: 

03/04/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Richard Gilliam; Jason Gilliam; Steven Bowman

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Central District of California; Superior Court of California, County of Orange

Case Number: 

8:09-cv-00287-JVS-RNB (federal); 30-2009, 00249439 (state)

Legal Counsel: 

Jason Gilliam - Pro Se

Publication Medium: 

Forum
Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Injunction Issued
Material Removed

Description: 

On March 4, 2009, Monex Deposit Company and Monex Credit Company (collectively "Monex"), two companies in the precious metals business, filed a lawsuit suit against Jason Gilliam, Richard Gilliam, and Steven Bowman for publishing allegedly defamatory statements on the website MonexFRAUD.com and attempting to extort money from Monex.  Monex initially sued in California state court, but the Gilliams removed the case to federal court.

In its complaint, Monex claims that the Gilliams and Bowman threatened to "continue to libel Monex on their website, . . . share information with government regulators, and . . . interfere with Monex's relationships with investors and banks" unless the company paid them $15 million dollars.  According the complaint, the defendants called Monex's president a "ruthless sociopath" and the firm's sales pitch "flat-out lies," in addition to other comments.  Monex alleges that the defendants made these false statements on MonexFRAUD.com and in comments posted on other websites, including YouTube and Digg.

In addition to defamation and extortion, Monex's complaint alleges cyberpiracy, unfair competition, racketeering, interference with contract, attempted conversion, trade libel, interference with prospective economic advantage, and trade secret misappropriation. The Gilliams, father and son, allegedly lost approximately $32,000 with Monex.  On March 16, Jason Gilliam filed counter claims against Monex, including racketeering and breach of fiduciary duties.

On March 24, 2009, a federal court in California granted Monex's request for a temporary restraining order against the Gilliams and Bowman, expiring on April 7, 2009. The temporary restraining order prohibits them from taking any steps to extort money from Monex by (1) threatening to publish information about Monex on any forum or share information about Monex with third parties, or (2) threatening to defame Monex or its employees.  The order also barred them from retaining, disclosing, or using any Monex trade secret or proprietary information. 

The court also ordered the Gilliams and Bowman to show cause why a preliminary injunction should not issue, continuing the terms of the temporary restraining order until judgment or dismissal.  If granted, the preliminary injunction would also bar the defendants from "publishing or republishing any negative statements about Monex on any website" and require them to "remove, from any website over which they have sufficient control, all negative material about Monex that they have published or republished there, and to stop using the word MonexFRAUD."  It would also bar them from operating the MonexFRAUD website or any "other websites critical of Monex."  

Update:

04/09/09 -The court issued a preliminary injunction, prohibiting the defendants from (1) making any efforts to extort money from Monex by threatening to publish or share information about Monex or defame Monex or its employees; (2) operating www.MonexFRAUD.com or any other website using the Monex name in combination with any modifier that implies illegal, unlawful or unethical conduct; (3) publishing or republishing on any website, including www.MonexFRAUD.com, any statement that "Monex does not have title to or the ability to deliver precious metals sold under contract to any Monex customer; that Monex was expelled from the National Futures Association for fraud; that Monex operates a boiler room; that Monex violates any federal or state statutes regulating the business operations of Monex; that Monex has been charged by the Internal Revenue Service with tax evasion; and that Monex fails to accurately disclose to customers account and trading terms (collectively "Prohibited Statements"); (4) disclosing, using, or retaining any trade secret documentation or other proprietary information belonging to Monex.  The injunction also requires the defendants to remove all previously published Prohibited Statements within 24 hours.  It does not prohibit the defendants from (a) making statements regarding their own business dealings with Monex, including losses they have sustained; or (b) communicating with any governmental entity concerning matters within the scope of that entity's legislative, administrative, or regulatory responsibilities.

05/07/2009- Monex filed an amended complaint in district court. 

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: OCRegister.com

UPDATED 7/24/09- AVM added information on amended complaint and uploaded am. compl.

 

Priority: 

1-High

Gillespie v. Marlowe

Date: 

09/16/2005

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Mike Marlowe; American Online; Bob Charpentier

Type of Party: 

Individual

Type of Party: 

Individual
Large Organization

Court Type: 

State

Court Name: 

Medina County Court of Common Pleas (Ohio)

Case Number: 

05CIV1255

Verdict or Settlement Amount: 

$221.80

Legal Counsel: 

Bob Charpentier (Pro Se); Michael S. Gordon (for AOL)

Publication Medium: 

Forum

Status: 

Concluded

Disposition: 

Default Judgment
Dismissed (partial)

Description: 

George Gillespie of Ohio filed suit on September 16, 2005 against two chat room users who allegedly humiliated him in AOL chat discussions.  The defendants, Bob Charpentier and Mike Marlowe, lived in Oregon and Alabama respectively at the time the suit was filed. Gillespie also sued AOL for allowing the alleged harassment to occur.

According to Law.com, Gillespie alleged that the chat room participants "acted in an outrageous manner, which they knew or should have known would cause serious emotional distress to the plaintiff . . .  The Defendants' conduct was so extreme and contemptible as to go beyond all possible bounds of decency."  Gillespie also alleged that Charpentier and Marlowe intruded into his "private affairs" and claimed that Marlowe  drove from Alabama to Ohio to photograph his home (for posting on the web) and/or to file a change of address form with the local post office in order to disrupt his mail.  Marlowe denied traveling to Ohio.

On January 30, 2006, AOL moved to dismiss the suit or stay it for improper venue. Judge Christopher J. Collier dismissed the suit against AOL on February 14, 2006, but the grounds for dismissal are unclear. Charpentier, acting pro se, filed a response and sought to reserve the right to file a $125,000 countersuit against Gillespie.  Following an oral hearing, the court dismissed Charpentier from the suit.  The case docket indicates that the court entered a default judgment against Mike Marlowe on April 28, 2006 in the amount of $221.80.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Docket information for this case (and possibly other related cases?) is available at: http://www.co.medina.oh.us/medct_epublicnodr/pages/search.aspx.  Search for George Gillespie's name.

Source: Law.com

 

Priority: 

1-High

Korbel v. Does

Date: 

08/29/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

John Does

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of the State of California, County of Sonoma

Publication Medium: 

Forum

Status: 

Pending

Description: 

Korbel Champagne Cellars filed a John Doe lawsuit against 10 anonymous defendants. The defamation suit, filed in Sonoma County Superior Court, complains about a number of postings on a craigslist.org forum accusing Korbel of punishing employees who reported sexual harassment, plotting to cut down redwood forests on its property, and bribing law enforcement and court authorities.  Korbel contends that these accusations are false and have injured its reputation.

Korbel determined that some of the anonymous posters used Comcast's internet services.  At a March 4 hearing, Korbel requested that Judge Nadler order Comcast to turn over their names. According to Comcast spokesman Andrew Johnson, Comcast complies with such orders, but only after notifying its customers that their identities are being sought. This enables posters to defend their anonymity. "Our policy is to give our customer notice and sufficient time to decide whether to contest the disclosure," Johnson told the Santa Rosa Press Democrat.

No opposition appeared to challenge Korbel's request, and Judge Nadler issued the order, but stayed its operation to give the posters an opportunity to seek a protective order.  Judge Nadler ordered Comcast to notify the affected subscribers of the discovery request within one week and gave the subscribers one month to take action.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Court Filings

CMLP Notes: 

Sonoma County doesn't put up docs, and the original filing is over 6 mo old.

Priority: 

1-High

Knight-McConnell v. Cummins

Date: 

07/07/2003

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Mary Cummins

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of New York

Case Number: 

1:03-cv-05035

Legal Counsel: 

Mary Cummins (Pro Se)

Publication Medium: 

Forum
Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

On July 7, 2003, Kathy Knight-McConnell sued Mary Cummins for securities law violations, trademark infringement, defamation, and other claims in federal court in New York.  At the time of the litigation, Knight-McConnell ran a forum for investor discussions and published a newsletter on various stocks.  According to a court decision in the case, Cummins, a stock trader from California, posted statements on website discussion groups and on her own website describing Knight-McConnell as a securities fraud "criminal," "insane," "paid to lie to investors," and "obese," among other things.  

In addition, Knight-McConnell alleged that Cummins intentionally maligned certain stocks that she promoted in order to drive their price down in violation of the securities laws.  Knight-McConnell also claimed that Cummins violated trademark law by linking to Knight-McConnell's website without permission, using Knight-McConnell's name in the post-domain path of URLs for seven of her web-pages, and posting liniks on Internet chat forums and discussion boards directing users to visit these pages."  

In a July 2004 opinion, Judge Buchwald dismissed the securities and trademark claims.  The court indicated that Knight-McConnell had no standing to bring a securities law claim because she did not allege that she purchased or sold the stocks in question in reliance on any statement by Cummins.  The court dismissed the trademark claim because linking to Knight-McConnell's site without permission was not likely to cause confusion as a matter of law:

Even if we assume that plaintiff's name is a valid and protectible mark, plaintiff has not alleged that the defendant engaged in any conduct that is likely to cause confusion as to the origin of the defendant's website.  The mere appearance on a website of a hyperlink to another site will not lead a web-user to conclude that the owner of the site he is visiting is associated with the owner of the linked site.  This is particularly true in this case because defendant's website advertises real estate and web design services, not investment services, and defendant is continuously dissassociating herself from plaintiff by criticizing her and accusing her of misconduct.

Judge Buchwald also determined that using Knight-McConnell's name in URL paths was not likely to cause confusion as a matter of law because a URL "merely shows how the website's data is organized within the host computer's files" and does not suggest affiliation, source, or sponsorship.

Looking at Knight-McConnell's many state law claims, Judge Buchwald determined that the complaint likely stated a cause of action for defamation, but that a defamation claim was not sufficient to confer personal jurisdiction on the court.  Buchwald indicated that Knight-McConnell's tortious interference with contract claim might be sufficient to establish jurisdiction under New York's long-arm statute, but that Knight-McConnell had failed to adequately plead this cause of action.  The court dismissed the complaint without prejudice and granted Knight-McConnell permission to amend her complaint.

Knight-McConnell amended her complaint, but, upon a renewed motion by Cummins, Judge Buchwald dismissed the case for lack of personal jurisdiction in June 2005.  

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: LexisNexis

Documents not available on PACER.  Order granting defendant's motion to dismiss on Lexis as 2005 U.S. Dist. LEXIS 11577.

RPK

Priority: 

1-High

Simorangkir v. Love

Date: 

03/26/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Courtney Michelle Love

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of the State of California for the County of Los Angeles

Case Number: 

BC410593

Verdict or Settlement Amount: 

$430,000.00

Legal Counsel: 

Keith A. Fink, Olaf J. Muller - Keith A. Fink & Associates

Publication Medium: 

Blog
Micro-blog
Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Settled (total)

Description: 

Fashion designer Dawn Simorangkir, who works under the label "BoudoirQueen," sued celebrity Courtney Love in California state court over statementsmade on Twitter, on Love's MySpace blog, and on Simorangkir's feedback page on etsy.com,an online marketplace for independent designers. 

Simorangkir allegesthat, after a business dispute arose between the two parties, Love usedTwitter and other online platforms to publish "not only delusional accusations and lies, butthreats of harm."  Cmplt. ¶ 20.  The complaint includes claims for libel, false light invasion of privacy, tortious interference with economic advantage, intentional infliction of emotional distress, and breach of contract.  Simorangkir claims that Love falsely accused her of lying, stealing, dealing drugs, assault, prostitution, and losing custody of her child, among other things.  Cmplt.¶ 24, 26.

Update:

5/5/2009 - Simorangkir filed an amended complaint, dropping one of the breach of contract claims and the claim for intentional inflictional of emotional distress.

8/19/2009 - Love filed a motion to strike under the California anti-SLAPP law.

10/26/2009 - The court denied Love's motion to strike.  The judge found that the subject matter of the Twitter post was not about a matter of public concern and that Simorangkir had shone a probability of proving her defamation case.

3/3/2011 - The Hollywood Reporter reports that case settled for $430,000, plus interest. 

Jurisdiction: 

Content Type: 

Subject Area: 

Lonegan v. Brennan

Date: 

05/01/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

William J. Brennan; George Silos

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

New Jersey Superior Court

Publication Medium: 

Forum

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

In May of 2007, Steve Lonegan, then Bogota New Jersey mayor, filed a defamation lawsuit against Bill Brennan and former Councilman George Silos for postings on a forum site. According to NorthJersey.com, New Jersey Superior Court Judge Daniel Mecca dismissed the suit finding that the comments -- "which claimed Lonegan allowed illegal activity while he was mayor, intimidated political rivals and promised favorable votes to campaign contributors" -- were not libelous.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source:  North Jersey.com

 

RPK

http://www.judiciary.state.nj.us/acms/MOTN/CV0390W1e.asp

check out westlaw.

Priority: 

1-High

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

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

Gorman v. Jacobs

Date: 

05/05/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Allen Jacobs; John Levin; Richard Benjamin

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Eastern District of Pennsylvania

Case Number: 

Civ. No. 08-2097

Legal Counsel: 

Chilton G. Goebel, III - German, Gallagher & Murtagh (for Jacobs); William F. Conway - Swartz Campell LLC (for Levin); Thomas P. Bracaglia - Marshall Dennehey Warner Coleman Goggin (for Benjamin)

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)

Description: 

Jack Gorman, a doctor of podiatric medicine, sued fellow podiatrists Allen Jacobs, John Levin, and Richard Benjamin for defamation and other tort claims based on comments they wrote on Podiatry Management Online's news forum, PM News "The Voice of Podiatrists".  The comments related to an article published in the Malpractice News section of PM News, which addressed malpractice insurance rates and contained quotes from an interview with Gorman.  According to court documents, two of the defendants' comments criticized Gorman's work as an expert for plaintiffs' lawyers in malpractice cases and another generally advocated reporting outrageous expert testimony to ethical authorities for investigation.  

Gorman inititally filed three separate lawsuits against Jacobs, Levin, and Benjamin, but the federal district court in Pennsylvania consolidated the cases.  The defendants all filed motions to dismiss the complaint for lack of personal jurisdiction and failure to state a claim.  In February 2009, the court granted the motions to dismiss, holding that it lacked personal jurisdiction over the defendants because they had not expressly aimed their comments into Pennsylvania.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Westlaw Alert

CMLP Notes: 

check for appeal.

Priority: 

1-High

Texas Judge Orders 178 Anonymous "John Does" Who Posted on Topix Be Revealed

Once again, the right to anonymous speech is being tested, this time in Texas, where a judge has ordered news portal Topix.com to reveal the identities of 178 forum posters accused of defaming a Texas attorney and his wife.

Jurisdiction: 

Subject Area: 

Sinclair v. TubeSockTedD

Date: 

03/13/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

TubeSockTedD; Mzmolly; Owningliars

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the District of Columbia

Case Number: 

1:08-cv-00434

Legal Counsel: 

James R. Klimaski - Klimaski & Associates, P.C., Ray Beckerman - Ray Beckerman PC (for TubeSockTedD); Paul Alan Levy - Public Citizen (for mzmolly and Democratic Underground)

Publication Medium: 

Forum
Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)
Subpoena Quashed

Description: 

In March 2008, Lawrence Sinclair sued three pseudonymous Internet users -- TubeSockTedD, mzmolly, and Owningliars -- for defamation in federal district court in the District of Columbia. 

In late 2007/early 2008, Sinclair published a YouTube video and blog claiming that he had engaged in sexual activities and done drugs with then-presidential candidate Barack Obama. This sparked a vociferous response from many Internet users, who criticized Sinclair and challenged his claims about Obama. 

According to court documents, one such Internet user, "TubeSockTedD," allegedly posted a video on YouTube that stated "Larry Sinclair is Spreading Lies About Obama."  Days later, another Internet user going by "Owningliars" allegedly posted a statement on Digg.com, linking back to an unspecified video, urging readers to watch it as "proof" that Sinclair was lying, and stating that Sinclair was in a mental hospital when he claimed to have met Obama.  Later still, another Internet user going by "mzmolly" allegedly posted a comment on a forum on Democratic Underground, repeating the claim that Sinclair was a former mental patient.

After Sinclair filed suit, he subpoenaed Democratic Underground, Google, and Digg seeking identifying information about the pseudonymous defendants.  Paul Alan Levy of Public Citizen, representing both mzmolly and Democratic Underground, objected to the subpoena in a strongly worded letter. Sinclair then moved to compel Democratic Underground to disclose mzmolly's identity, and both mzmolly and Democratic Underground opposed the motion to compel, arguing that First Amendment protection for anonymous speech shielded mzmolly's identity from disclosure under the circumstances. 

In February 2009, the district court issued an opinion denying the motion to compel and dismissing the complaint in its entirety.  The court held that Sinclair was not permitted to compel the identification of the three pseudonymous defendants because he could not meet the heightened standard required by the First Amendment.

Specifically, the court held that Sinclair's complaint was facially invalid because it did not plead facts necessary to establish the court's subject-matter jurisdiction or personal jurisdiction over the pseudonymous defendants.  In addition, the court ruled that Sinclair's defamation claims failed as a matter of law because he did not plead either actual malice or special damages, and because section 230 of the Communications Decency Act protected mzmolly and Owningliars for "simply summarizing and reporting information obtained from" a third party.

Although it quashed the subpoena and dismissed the complaint, the district court refused to award mzmolly and Democratic Underground sanctions against Sinclair because of the novel areas of law involved. 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Public Citizen

CMLP Notes: 

There are tons of other motions filed in this case; Sinclair has attempted to subpoena Digg and Google alongside the others, and various memos and responses have gone back and forth on these and other issues. Whoever looks at this may want to look through to see what is interesting in these -- or see what others around the web have picked out of them. {MCS}

Priority: 

1-High

Juicy No More

You know the economy's bad when even college rumor-mongering isn't making a profit any more.  That's right, JuicyCampus.com, the website dedicated to anonymously posted collegiate gossip, has closed up shop.  In a post announcing the shutdown, Matt Ivester, the founder and CEO, put the blame on "these historically difficult economic times,&q

Subject Area: 

California Anti-SLAPP Project Takes Up Case for Yelp and Parents Sued Over Negative Dentist Review

On January 21, the California Anti-SLAPP Project (CASP) filed a special motion to strike the complaint of Yvonne Wong, a pediatric dentist who sued Yelp! Inc. and two parents based on a negative review of her services the parents posted on Yelp

Jurisdiction: 

Subject Area: 

Benitah v. Law

Date: 

10/31/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Linda Law; Yelp! Inc.; TheSqueekyWheel Inc.

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Superior Court of California, County of San Francisco

Case Number: 

CGC-08-481471

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Material Removed

Description: 

In October 2008, David Benitah, a San Francisco-based immigration attorney and business consultant, sued Linda Law and consumer review websites Yelp and TheSqueakyWheel.com for defamation and trade libel in a California state court. The complaint alleges that the defendants "published false statements regarding plaintiff on the internet," but does not identify any specific statements. Law's negative review of Benitah is still posted on the SqueakyWheel.com, but Yelp appears to have taken the material down.

On January 21, 2009, the court ordered Benitah to appear in court on February 17 to show cause why sanctions should not be imposed for failure to serve the defendants and file proof of service within 60 days of filing the complaint.

Update:

2/4/2009 - Benitah filed response to order to show cause

2/5/2009 -  Proof of service order to show cause hearing set for 2/17/2009 ordered off the calendar by the court

3/18/2009 - Order to show cause hearing set for 5/18/2009, later continued to 6/29/2009

Both Benitah  and Globolex have noow elected to represent themselves Pro Se.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

User Feedback

CMLP Notes: 

Deborah Gage at SF Chronicle

VAF 2/19/2009 

AVM 6/12/09 - Updated from docket. 

Sandra Caron European Spa v. Kerber

Date: 

05/10/2006

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Malagorzata Kerber; Janusz Kerber

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of California, County of San Mateo; California Court of Appeal of the First Appellate District

Case Number: 

CIV454815 (trial level); No. A117230 (appellate level)

Legal Counsel: 

Allen J. Capeloto (withdrawn); Richard M. Kelley

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Description: 

In May 2006, Sandra Caron European Spa, based in San Mateo, California, sued a former employee and her husband for trade libel over critical reviews about the Spa on Yahoo.com and consumer review website Yelp.com.  According to court decision in the case: 

A Yahoo.com user posted a review of Caron Spa on January 17, 2006. It stated: "My first impression was its tacky d[é]cor. Then I encountered an extremely rude [E]uropean gentlemen, I believe this is the owner. From what I could see, the employees are miserable and tired. When I went into the steam room I saw mildew and brown spots on the walls.... I could not even sit in there. I went for my massage, and that was ok. But the room had a strange smell and the blankets were dingy. It was also very cold. I guess the owner does not put on the heat. There is just too much to go on about. I will never go there again, and I will make sure I will tell as many people as I can about the horrible experience that I had."

Another review, posted on Yelp.com under the user name "Pippi L.," appeared on March 5, 2006. Pippi L. wrote: "One star is even too much for this place. First of all, when I walked in there it looked lik[e] selling a whole bunch of useless things you'll wind up selling at a garage sale. The serv[ice was] horrible. I had this creepy old [E]uropean man helping me and he was just outright rude. [The] guy was acting as if he was doing me a favor by letting me come to his spa.... And what was with the 18 [percent] service charge? ? ? It's questionable that the therapists or the providers ever receive it. My massage was ok and that was the only highlight of this.... And their sauna and steam room ... was really disgusting. Their lounge are was just full of tacky decorations as what I've heard they've been around for a long time, and I really don't understand why.... I would never come back and much would rather go to the spa at my gym."

Sandra Caron European Spa, Inc. v. Kerber, 2008 WL 3976463, at *2 (Cal. Ct. App. 2008).

On July 31, 2006, defendants filed a special motion to strike the complaint under California's anti-SLAPP law.  The trial court ultimately denied the motion, finding that Caron Spa had made a preliminary showing that the Kerbers conspired to commit trade libel with third parties not named as defendants in the case.  See Sandra Caron European Spa, 2008 WL 3976463, at *3.

The Kerbers appealed, and a California appellate court affirmed the district court's decision, albeit on other grounds.  The appellate court held that the statements in question were not made in connection with "a matter of public interest," which is required to trigger the protection of the anti-SLAPP law.  Id. at *4-7.  The court specifically rejected the argument that all "discussion on internet sites is protected speech" under the anti-SLAPP law.  Id. at *7. 

The case is currently pending in the trial court. 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

User Feedback

CMLP Notes: 

Via Wendy Davis at MediaPost

Priority: 

1-High

Johnson v. ComplaintsBoard.com

Date: 

06/26/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Elizabeth Arden d/b/a ComplaintsBoard.com; ComplaintsBoard.com; Michelle Reitenger; InMotion Hosting, Inc.; Melanie Lowry; Kathleen Heineman

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization
Intermediary

Court Type: 

Federal
State

Court Name: 

Circuit Court of Putnam County, Missouri; United States District Court for the Western District of Missouri

Case Number: 

No. 08AJ-CC0047 (state court); No. 5:08-cv-6103 (federal court)

Legal Counsel: 

Stacey R. Gilman, Katherine K. Gonzalez - Berkowitz, Oliver, Williams, Shaw & Eisenbrandt, LLP-MO (for Defendant Heineman); Raymond E. Probst, Jr. - The Probst Law Firm P.A. (for Defendant InMotion Hosting); Melanie Lowry (Pro Se)

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Default Judgment
Dismissed (total)
Material Removed

Description: 

Susan and Robert Johnson, owners of Cozy Kittens Cattery, LLC, sued consumer review site ComplaintsBoard.com, its (alleged) publishers Elizabeth Arden and Michelle Reitenger, and two ComplaintsBoard users who commented on a complaint thread about Susan Johnson and her cat breeding business. The Johnsons also sued InMotion Hosting, Inc., the hosting service for the website. The complaint alleges injurious falsehood, defamation, and intentional inflication of emotional distress against all six defendants.

The complaint also includes a federal trademark infringement claim against one of the commenters, Kathleen Heineman, who allegedly violated the Johnsons' trademark rights in their "Cozy Kittens" trademark by "use of the name 'Cozy Kittens and Cuddly Cats'" in connection with her competing cat breeding business. (This allegation is puzzling given that Heineman's business appears to be called Boutique Kittens.)

The claims against Arden, Reitenger, ComplaintsBoard.com, and InMotion seek to hold them liable for publishing third-party content (Lowry and Heineman's comments) and refusing to remove this content upon demand by the Johnsons. These claims are likely barred by section 230 of the Communications Decency Act, but it does not look like any defendant has asserted this defense so far.

The Johnsons originally filed suit in state court in Missouri in June 2008, but Heineman removed the case to federal court in October 2008. After removal, Heineman, a resident of Colorado, moved to dismiss the complaint against her for lack of personal jurisdiction. This motion was pending as of January 15, 2009.

Before removal, the state court entered a default judgment against Melanie Lowry, who did not appear in the case. Lowry later challenged the default judgment by sending a letter to the federal district judge.

InMotion moved to dismiss the complaint in state court (grounds unknown), but did not refile the motion in federal court after removal. Based on InMotion's failure to answer or file a motion to dismiss in federal court, the Johnsons moved for entry of a default judgment against it. InMotion then appeared, arguing that the court should deny the Johnsons' motion for entry of default and hear its motion to dismiss on the merits.

Arden, Reitenger, and ComplaintsBoard.com have not appeared in the federal action. The reason for this is not clear -- they may have defaulted in the state court action, they may have settled with the Johnsons, or they may never have been served in the first place. The disputed comments no longer appear on ComplaintsBoard.com.

UPDATE:  

6/8/2009 - Court granted the Motions to Dismiss filed by Defendants Heineman, Lowry, and InMotion Hosting 

7/10/2009 - Court dismissed without prejudice the claims against Defendants Elizabeth Arden d/b/a ComplaintsBoard.com, ComplaintsBoard.com, and Michelle Reitenger 

8/4/2010 - 8th Circuit affirms dismissal of claims 

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Updated 2/12/09 - VAF

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