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Home > Gibson v. Craigslist

Gibson v. Craigslist [1]

Submitted by DMLP Staff on Wed, 02/18/2009 - 11:00

Summary

Threat Type: 

Lawsuit

Date: 

09/04/2008

Status: 

Concluded

Disposition: 

Dismissed (total)

Location: 

New York

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Negligence
New York City store owner Calvin Gibson sued craiglist, Inc. after a gunman shot him with a handgun allegedly purchased on craigslist. Gibson's lawsuit reportedly claims that neighbor Jesus Ortiz told police he had shot Gibson and that he had... read full description
Parties

Party Receiving Legal Threat: 

craigslist, Inc.

Type of Party: 

Individual

Type of Party: 

Organization

Location of Party: 

  • New York

Location of Party: 

  • California
  • Delaware

Legal Counsel: 

Paul Benjamin Dalnoky

Legal Counsel: 

Justin Nolan Kinney; Elizabeth L. McDougall-Tural
Description

New York City store owner Calvin Gibson sued craiglist, Inc. after a gunman shot him with a handgun allegedly purchased on craigslist [2]. Gibson's lawsuit reportedly claims [3] that neighbor Jesus Ortiz told police he had shot Gibson and that he had obtained the gun through a craigslist classifieds advertisement.  Gibson accuses craigslist of negligence and seeks $10 million in damages.

Craigslist filed a motion to dismiss the suit on the ground that section 230 of the Communication Decency Act [4] ("Section 230") insulates it from liability for content posted by its users.  Gibson has opposed the motion, primarily arguing that Section 230 does not apply to common law claims such as negligence.

6/15/2009 - The court dismissed the complaint [5], relying on Section 230.

Related Links: 

  • New York Post: Man shot by "craigslist" gun takes aim at site [3]
  • Daily News: Victim sues Craigslist, says shooter got gun through site [6]
Details

Web Site(s) Involved: 

craigslist [2]

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Third-Party Content
  • Section 230
  • Advertising
Court Information & Documents

Jurisdiction: 

  • New York

Source of Law: 

  • New York

Court Name: 

United States District Court for the Southern District of New York

Court Type: 

Federal

Case Number: 

1:08-CV-7735

Relevant Documents: 

PDF icon 2008-11-06-Craigslist's Memo in Support of Motion to Dismiss.pdf [7]
PDF icon 2008-11-19-Gibson Opposition to Craigslist's Motion to Dismiss.pdf [8]
PDF icon 2008-12-02-Craiglist's Reply Memo Supporting Motion to Dismiss.pdf [9]
PDF icon 2009-06-15-Order Granting Craigslist Motion to Dismiss.pdf [10]
CMLP Information (Private)

Priority: 

1-High

Threat Source: 

Westlaw Alert

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

Links
[1] https://www.dmlp.org/threats/gibson-v-craigslist
[2] http://www.craigslist.org
[3] http://www.nypost.com/seven/09052008/news/regionalnews/man_shot_by_craigslist_gun_takes_aim_at__127576.htm
[4] https://www.dmlp.org/legal-guide/immunity-online-publishers-under-communications-decency-act
[5] https://www.dmlp.org/sites/citmedialaw.org/files/2009-06-15-Order%20Granting%20Craigslist%20Motion%20to%20Dismiss.pdf
[6] http://www.nydailynews.com/news/ny_crime/2008/09/04/2008-09-04_victim_sues_craigslist_says_shooter_got_-2.html
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-11-06-Craigslist%27s%20Memo%20in%20Support%20of%20Motion%20to%20Dismiss.pdf
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-11-19-Gibson%20Opposition%20to%20Craigslist%27s%20Motion%20to%20Dismiss.pdf
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-12-02-Craiglist%27s%20Reply%20Memo%20Supporting%20Motion%20to%20Dismiss.pdf
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-06-15-Order%20Granting%20Craigslist%20Motion%20to%20Dismiss.pdf