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Home > Wargo v. Lavandeira

Wargo v. Lavandeira [1]

Submitted by Arthur Bright on Mon, 08/11/2008 - 17:00

Summary

Threat Type: 

Lawsuit

Date: 

07/14/2008

Status: 

Concluded

Disposition: 

Dismissed (total)

Location: 

Ohio

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Breach of Contract
Defamation
Fraud
Intentional Infliction of Emotional Distress
Negligent Infliction of Emotional Distress
Negligence
Publication of Private Facts
Tortious Interference
Diane Wargo sued Mario Lavandeira, also known as Perez Hilton, and 25 anonymous PerezHilton.com posters in Ohio state court after Lavandeira published an email containing homophobic slurs that Wargo sent to the blog from her work email account.... read full description
Parties

Party Receiving Legal Threat: 

Mario Lavandeira, dba PerezHilton.com and Perez Hilton; John Does

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • Ohio

Location of Party: 

  • California

Legal Counsel: 

Brian Spitz, John M. Heffernan - Spitz Law Firm

Legal Counsel: 

Bryan J. Freedman - Freedman & Taitelman
Description

Diane Wargo sued Mario Lavandeira, also known as Perez Hilton, and 25 anonymous PerezHilton.com [2] posters in Ohio state court after Lavandeira published an email [3] containing homophobic slurs that Wargo sent to the blog from her work email account.

The posted version of the email included Wargo's full name, work email address, and the name of her employer. Wargo's employer fired her after it became aware of the email and received harassing emails and telephone calls. Wargo's complaint alleges that publishing her personal information violated PerezHilton.com's terms of use and privacy policy.

In the lawsuit, Wargo seeks $25 million in damages on thirteen claims, including invasion of privacy through publication of private facts, breach of contract, fraud, negligence, defamation, and both negligent and intentional infliction of emotional distress. Wargo also seeks a preliminary injunction against Lavandeira to prevent him from publicizing her personal information on his website.

Update:

08/27/08 - Case was removed to the United States District Court, Northern District of Ohio

10/03/08 - Court granted [4] Lavandeira's motion to dismiss for lack of personal jurisdiction and entered judgment against Wargo.

 

Related Links: 

  • Queerty: Enraged Former Reader Suing Perez Hilton for $25 Million [5]
  • Cleveland Plain Dealer: Fired Menorah Park nurse Diane Wargo sues Perez Hilton for posting information on Web [6]
Details

Web Site(s) Involved: 

PerezHilton.com
[2]

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Defamation
  • Terms and Conditions
  • Publication of Private Facts
  • Business Torts
Court Information & Documents

Jurisdiction: 

  • Ohio

Source of Law: 

  • Ohio

Court Name: 

Court of Common Pleas, Cuyahoga County, Ohio; United States District Court, Northern District of Ohio

Court Type: 

Federal
State

Case Number: 

CV 08 664752; 1:08-CV-2035

Relevant Documents: 

PDF icon 2008-07-14-Wargo's Complaint.pdf [7]
PDF icon Perez.MotiontoDismiss.pdf [8]
PDF icon Perez.Response.pdf [9]
PDF icon Perez.ResponsetoResponse.pdf [10]
PDF icon Perez.Memo.pdf [11]
PDF icon Perez.Order.pdf [12]
CMLP Information (Private)

Priority: 

1-High

Threat Source: 

Google Blogs

CMLP Notes: 

Updated 2/3/09 - VAF

Comments

did Diane Wargo win the [13]

Submitted by Guest on Mon, 02/02/2009 - 09:03

did Diane Wargo win the lawsuit?

Wargo v. Lavandeira [14]

Submitted by Vanessa A. Fazio on Wed, 02/04/2009 - 10:31

Wargo did not win.  The case was removed to the United States District Court, Northern District of Ohio.  On 10/03/08, the court granted Lavandeira's motion to dismiss for lack of personal jurisdiction and entered judgment against Wargo.  

 

 

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Source URL (modified on 08/20/2014 - 11:07pm): https://www.dmlp.org/threats/wargo-v-lavandeira

Links
[1] https://www.dmlp.org/threats/wargo-v-lavandeira
[2] http://www.perezhilton.com/
[3] http://perezhilton.com/2007-12-27-email-of-the-day-11
[4] https://www.dmlp.org/sites/citmedialaw.org/files/Perez.Order.pdf
[5] http://www.queerty.com/enraged-former-reader-suing-perez-hilton-for-25-million-20080715/
[6] http://www.cleveland.com/community/plaindealer/index.ssf?/base/cuyahoga/1216197113299210.xml&coll=2
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-07-14-Wargo%27s%20Complaint.pdf
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/Perez.MotiontoDismiss.pdf
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/Perez.Response.pdf
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/Perez.ResponsetoResponse.pdf
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/Perez.Memo.pdf
[12] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/Perez.Order.pdf
[13] https://www.dmlp.org/comment/1218#comment-1218
[14] https://www.dmlp.org/comment/1223#comment-1223