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Home > Collins v. Federated Publications, Inc.

Collins v. Federated Publications, Inc. [1]

Submitted by DMLP Staff on Wed, 04/21/2010 - 14:07

Summary

Threat Type: 

Lawsuit

Date: 

02/09/2009

Status: 

Pending

Disposition: 

Dismissed (partial)

Location: 

Indiana

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
False Light
Intentional Infliction of Emotional Distress
Negligent Infliction of Emotional Distress
Other
Timothy Collins, a former student of Purdue University, sued Federated Publications, publisher of the Journal & Courier newspaper, Purdue University, university officials, and others over allegedly defamatory statements in an article published on the newspaper's website, in anonymous comments to... read full description
Parties

Party Receiving Legal Threat: 

Purdue University; Board of Trustees of Purdue University; Purdue University Police Department; Stephen J. Akers; Lyman (Trea) R. Mitten, III; Jeanne V. Norberg; Alice M. D'Amore; Jane Does; John Does; Gary K. Evans; John K. Cox; Carrie K. Costello;

Type of Party: 

Individual

Type of Party: 

Individual
Organization
Large Organization

Location of Party: 

  • Indiana

Location of Party: 

  • California
  • Texas
  • Michigan
  • Indiana
  • Delaware

Legal Counsel: 

Ellen M. Corcella, James D Hamstra - Corcella Law PC; James J Ammeen, Jr. - Ammeen & Associates PC

Legal Counsel: 

Jan M Carroll, Kara M Kapke - Barnes & Thornburg LLP (for Federated Publications, Inc.); Christina A Wright, Trenten D Klingerman - Stuart & Branigin LLP (for Purdue, Akers, Mitten, Norberg, Evans, Cox, Costello, Davis, Wietbrock); Wayne T Szulkowski
Description

Timothy Collins, a former student of Purdue University, sued Federated Publications, publisher of the Journal & Courier newspaper, Purdue University, university officials, and others over allegedly defamatory statements in an article published on the newspaper's website [2], in anonymous comments to that article, and on Facebook. 

According to court documents, the dispute revolved around a Journal & Courier article, "Student Who Reported Mugging Charged," which stated that Collins had been charged with misdemeanor false informing in connection with the investigation of the disappearance of another Purdue student.  Comments posted to the article and on Facebook allegedly linked Collins to the disappearance.  The complaint included claims for libel, false light, intentional infliction of emotional distress, and negligent infliction of emotional distress.  

Federated Publications moved for judgment on the pleadings, and the court granted dismissal of all claims against it.  The court found that claims based on certain statements were barred by the statute of limitations, that Collins failed to make out a claim for intentional or negligent infliction of emotional distress, that the Journal & Courier article was substantially true, and that Section 230 of the Communications Decency Act protected Federated for claims based on its users' comments.

Related Links: 

  • Technology and Marketing Law Blog: 230 Protects Newspaper for Liability for Reader Comments [3]
Details

Web Site(s) Involved: 

jconline.com [2]

Facebook [4]

Content Type: 

  • Text

Publication Medium: 

Social Network
Website

Subject Area: 

  • Third-Party Content
  • Section 230
  • User Comments or Submissions
Court Information & Documents

Jurisdiction: 

  • Indiana

Source of Law: 

  • Indiana

Court Name: 

United States District Court for the Northern District of Indiana

Court Type: 

Federal

Case Number: 

4:09-cv-12

Relevant Documents: 

PDF icon 2009-03-27-Collins Complaint.pdf [5]
PDF icon 2009-08-26-Federated Publications Brief in Support of Motion for Judgment on the Pleadings on Claims Relating to Third-Party Content.pdf [6]
PDF icon 2010-03-24-Opinion and Order in Collins v. Federated Publications.pdf [7]

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Source URL (modified on 08/20/2014 - 11:11pm): https://www.dmlp.org/threats/collins-v-federated-publications-inc

Links
[1] https://www.dmlp.org/threats/collins-v-federated-publications-inc
[2] http://www.jconline.com/
[3] http://blog.ericgoldman.org/archives/2010/04/230_protects_ne.htm
[4] http://www.facebook.com/
[5] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-03-27-Collins%20Complaint.pdf
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-08-26-Federated%20Publications%20Brief%20in%20Support%20of%20Motion%20for%20Judgment%20on%20the%20Pleadings%20on%20Claims%20Relating%20to%20Third-Party%20Content.pdf
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2010-03-24-Opinion%20and%20Order%20in%20Collins%20v.%20Federated%20Publications.pdf