Novins v Cannon (Lawsuit)

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: 

02/13/2009

Status: 

Pending

Location: 

New Jersey

Disposition: 

Dismissed (partial)

Verdict or Settlement Amount: 

N/A
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... read full description
Parties

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

Location of Party: 

  • New Jersey

Location of Party: 

  • California
  • New York
  • Michigan
  • New Jersey
  • Colorado

Legal Counsel: 

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

Details

Content Type: 

  • Text

Publication Medium: 

Forum

Subject Area: 

  • Defamation
  • Third-Party Content
  • Section 230
Court Information & Documents
CMLP Information (Private)

Priority: 

1-High

Threat Source: 

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