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Home > DeRosa v. Rattanni

DeRosa v. Rattanni [1]

Submitted by DMLP Staff on Thu, 02/04/2010 - 13:56

Summary

Threat Type: 

Subpoena

Date: 

11/20/2009

Status: 

Pending

Location: 

Pennsylvania

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
On November 20, 2009, Thomas DeRosa, Chairman of the Forward Township Board of Supervisors, issued a subpoena seeking discovery from Richard S. Rattanni, the operator of the website elizabethboro.com, in order to identify the posters of allegedly defamatory comments on that website. The subpoena... read full description
Parties

Party Receiving Legal Threat: 

Richard S. Rattanni

Type of Party: 

Individual

Type of Party: 

Intermediary

Location of Party: 

  • Pennsylvania

Location of Party: 

  • Pennsylvania

Legal Counsel: 

Joseph G. Heminger, Brucker Schneider and Porter

Legal Counsel: 

Sara Rose, American Civil Liberties Union Greater Pittsburgh Chapter
Description

On November 20, 2009, Thomas DeRosa, Chairman of the Forward Township Board of Supervisors, issued a subpoena seeking discovery from Richard S. Rattanni, the operator of the website elizabethboro.com, in order to identify the posters of allegedly defamatory comments on that website. The subpoena was issued as part of a lawsuit filed by DeRosa on  November 19, 2009 in the Court of Common Pleas for Allegheny County against two Doe defendants,  asserting claims for defamation.

According to news reports from the Pittsburg Tribune-Review, the at issue in the litigation are a series of anonymous posts made on the Elizabeth Area Discussion Board, hosted by the website elizabethboro.com. Also according to the Tribune-Review, the posts at issue alleged that DeRosa hired family members to perform work on a recently completed bridge repair project in the Township, and call DeRosa a liar.

The court granted DeRosa leave to seek discovery from Rattanni on November 24, 2009.  On January 6, 2010, the American Civil Liberties Union of Pennsylvania filed a motion for protective order seeking to squash the subpoena on behalf of Rattanni.

Update:

03/03/10 - The court held a hearing on Rattanni's motion to quash.  According to one press account [2], the court determined that Rattanni had standing to assert the First Amendment rights of his readers.

Related Links: 

  • Pittsburg Post-Gazette: ACLU plans to file motion against Forward supervisor [3]
  • Pittsburg Tribune-Review: Forward Twp. supervisor sues Web site users [4]
  • The Mercury: ACLU wants Pa. Internet critics' names kept secret [5]
  • Pittsburg Tribune-Review: Judge delays ruling on Web site controversy [6]
  • Pittsburg Tribune-Review: Judge: DeRosa must prove he was harmed by Web comments [2]
Details

Web Site(s) Involved: 

elizabethboro.com

Content Type: 

  • Text

Publication Medium: 

Forum

Subject Area: 

  • Defamation
  • Anonymity
Court Information & Documents

Jurisdiction: 

  • Pennsylvania

Source of Law: 

  • Pennsylvania

Court Name: 

Court of Common Pleas, Allegheny County

Court Type: 

State

Case Number: 

GD-09-021507
CMLP Information (Private)

Priority: 

1-High

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/derosa-v-rattanni

Links
[1] https://www.dmlp.org/threats/derosa-v-rattanni
[2] http://www.pittsburghlive.com/x/valleyindependent/news/s_670049.html
[3] http://www.post-gazette.com/pg/10008/1026644-55.stm
[4] http://www.pittsburghlive.com/x/dailynewsmckeesport/s_657491.html
[5] http://www.pottstownmercury.com/articles/2010/01/08/news/doc4b4796ca084a1994676688.txt
[6] http://www.pittsburghlive.com:8000/x/dailynewsmckeesport/s_661450.html