Digital Media Law Project
Published on Digital Media Law Project (https://www.dmlp.org)

Home > Thalin v. Misbach

Thalin v. Misbach [1]

Submitted by DMLP Staff on Fri, 09/12/2008 - 15:12

Summary

Threat Type: 

Lawsuit

Date: 

06/15/2004

Status: 

Pending

Location: 

Utah

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
In 2004, Laura Thalin and Hope for Children sued Alan Misbach and Matt Misbach for defamation in Utah state court over information posted on their website, KidsComeFirst. According to the Deseret News, the website site contained photos and... read full description
Parties

Party Issuing Legal Threat: 

Laura Thalin; Hope for Children

Party Receiving Legal Threat: 

Alan Misbach; Matt Misbach

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Location of Party: 

  • Utah

Location of Party: 

  • Utah

Legal Counsel: 

John Lund

Legal Counsel: 

Evan Schmutz
Description

In 2004, Laura Thalin and Hope for Children sued Alan Misbach and Matt Misbach for defamation in Utah state court over information posted on their website, KidsComeFirst [2]. According to the Deseret News [3], the website site contained photos and links to news articles critical of "holding therapy [4]," a controversial method for treating troubled children advocated by the now-defunct Cascade Center for Family Growth in Orem, Utah, which was affiliated with Hope for Children and Thalin, its former director.  The Misbach's also allegedly posted a picture of Thalin and information about her past.

Alan Misbach filed a counterclaim against Thalin, Hope for Change, and the Cascade Center, alleging that the lawsuit was a malicious attempt to chill his free speech rights.  It appears that the parties came close to settling in 2005.  According to one news report [5], Thalin offered to drop the lawsuit against the Misbachs if Alan would drop the counterclaim.  However, the suit did not settle at that time, and the Misbachs brought a motion to dismiss the complaint under Utah's anti-SLAPP statute [6]. In March 2006, the court denied the motion to dismiss.

It is unclear what has happened since then.

Related Links: 

  • Deseret News: Holding-therapy suit still alive [3]
  • BNET: Therapy, Web tiff is near solution [5]
  • MLRC: Lawsuits Against Bloggers [7]
Details

Web Site(s) Involved: 

KidsComeFirst [2]

Content Type: 

  • Photo
  • Text

Publication Medium: 

Website

Subject Area: 

  • SLAPP
Court Information & Documents

Jurisdiction: 

  • Utah

Source of Law: 

  • Utah

Court Name: 

District Court of Utah, 4th District

Court Type: 

State
CMLP Information (Private)

Priority: 

1-High

DMLP Logo


Source URL (modified on 08/20/2014 - 11:03pm): https://www.dmlp.org/threats/thalin-v-misbach

Links
[1] https://www.dmlp.org/threats/thalin-v-misbach
[2] http://www.kidscomefirst.info/
[3] http://deseretnews.com/dn/view/0,1249,635191573,00.html
[4] http://en.wikipedia.org/wiki/Attachment_therapy
[5] http://findarticles.com/p/articles/mi_qn4188/is_20050329/ai_n13476315
[6] http://www.casp.net/statutes/ut01bill.html
[7] http://www.medialaw.org/Content/NavigationMenu/Member_Resources/Litigation_Resources/Materials_by_Issue/Lawsuits_Against_Bloggers/Lawsuits_Against_Bloggers.htm