Zwebner v. Coughlin [1]

Michael J. Zwebner, CEO of penny-stock holding company Universal Communication Systems, sued James Coughlin, a.k.a. IrishJim44, and 25 "Doe" defendants over statements on the Raging Bull [2] financial message board that were critical of him and his company. According to the Miami New Times [3], "[i]t was the latest of five lawsuits Zwebner has filed since June 2004, all of them aimed at silencing people who have posted malicious messages about him on two Websites: Raging Bull and Bad Business Bureau."

Zwebner's complaint seeks damages for defamation and intentional infliction of emotional distress.

On July 15, 2005, defendants filed a Special Motion to Strike [4] under California's anti-SLAPP law. The motion was granted [5], and the case was dismissed with fees and costs awarded to the defendants. Defendants also won on appeal [6] to the Ninth Circuit. On remand to the district court, defendants won fees and costs [7] arising from the appeal as well.

Zwebner had previously filed this action in federal court in Florida, but the court dismissed the case because Coughlin is a California resident and the court held that it lacked personal jurisdiction over him.  Zwebner, et al v. Coughlin, et al 05-CV-20168 (S.D. Fla)