Children of America, Inc. v. Magedson

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Lawsuit

Date: 

03/05/2007

Status: 

Concluded

Location: 

Arizona

Disposition: 

Dismissed (partial)
Settled (total)

Verdict or Settlement Amount: 

N/A
In March 2007, Children of America, Inc., a childcare provider, sued Ed Magedson and Xcentric Ventures, LLC, the owners and operators of the Ripoff Report website, for defamation in Arizona state court. Ripoff Report is a consumer reporting website that invites consumers... read full description
Parties

Party Receiving Legal Threat: 

Edward Magedson; Xcentric Ventures, LLC

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Location of Party: 

  • Florida

Location of Party: 

  • Arizona

Legal Counsel: 

David S. Gingras
Description

In March 2007, Children of America, Inc., a childcare provider, sued Ed Magedson and Xcentric Ventures, LLC, the owners and operators of the Ripoff Report website, for defamation in Arizona state court.

Ripoff Report is a consumer reporting website that invites consumers to file and document complaints about companies or individuals with whom they've had negative business experiences. Users of Ripoff Report posted a number of critical comments about Children of America.

Children of America sued, arguing that, in addition to publishing user comments, Ripoff Report itself augmented and/or added headlines for the allegedly defamatory postings.

The defendants moved to dismiss the claim based on CDA 230, which protects information service providers from liability for the defamatory comments of third parties. On October 24, 2007, the Arizona Supreme Court granted the motion with respect to those statements allegedly created by Ripoff Report users, but allowed the action to continue with respect to those statements allegedly authored by the defendants.

Update:

12/1/08 - According to the Case Docket, the parties have settled the case.

Details

Content Type: 

  • Text

Publication Medium: 

Forum

Subject Area: 

  • Defamation
  • Third-Party Content
  • Section 230
  • Consumer Ratings and Reviews
Court Information & Documents

Jurisdiction: 

  • Arizona

Source of Law: 

  • United States
  • Arizona

Court Name: 

Superior Court of Arizona, Maricopa County

Court Type: 

State

Case Number: 

CV 2007-003720

Relevant Documents: 

CMLP Information (Private)

CMLP Notes: 

I have emailed D's attorney seeking info about the date complaint initially filed --Jill

I found docket, see related links. SB

To-do: monitor status - this thing might settle

Status checked on 6/03/08 (AAB)