Nevyas v. Morgan II (Federal Lawsuit) [1]

The plaintiffs, Drs. Nevyas and Nevyas-Wallace and Nevyas Eye Associates, brought suit in federal court in 2004 for damages and injunctive relief for violations of the Lanham Act, defamation, and breach of contract for statements about their LASIK eye surgery practice posted by a former patient on a website.

Dr. Nevyas-Wallace performed elective LASIK eye surgery on the defendant Dominic Morgan in 1998. Displeased with the results, Morgan created a website that "intentionally and maliciously defamed Dr. Nevyas and Dr. Nevyas-Wallace" at that time or soon after, according to the complaint. (Compl. ¶ 18).

The federal Lanham Act claim was based on what the plaintiffs claimed were false or misleading statements posted on defendant's website. (Compl. ¶ 88). They also sued Steven Friedman, an attorney who represented Morgan in previous cases, for allegedly writing defamatory letters to the FDA which were later posted on the complained-of website. (Compl. ¶¶ 60-67). The plaintiffs argued that these statements were "material to the purchasing decisions" and "intended to deceive potential and current patients." (Compl. ¶¶ 89-90).

The federal district court dismissed the Lanham Act claim because the plaintiffs lacked standing to bring a false advertising claim and because Morgan's statements did not qualify as "commercial advertising or promotion." After the court dismissed the federal claim, it declined to exercise supplemental jurisdiction over the state law claims of defamation and breach of contract. Nevyas v. Morgan, 309 F. Supp.2d 673, 680 (E.D. Pa. 2004).

Related case in state court: Nevyas v. Morgan (state lawsuit) [2]