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

Home > Hollis v. Cunningham

Hollis v. Cunningham [1]

Submitted by DMLP Staff on Thu, 12/06/2007 - 23:49

Summary

Threat Type: 

Lawsuit

Date: 

11/29/2007

Status: 

Concluded

Disposition: 

Settled (total)

Location: 

Florida

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
False Light
Intentional Infliction of Emotional Distress
Todd Hollis objected to the information users posted about him on DontDateHimGirl.com, a website that allows women to post about men and warn other women about them. In May 2006, Mr. Hollis sued Tasha Joseph/Cunningham, the operator of the website,... read full description
Parties

Party Receiving Legal Threat: 

Tasha C. Cunningham, Individually formerly known as Tasha C. Joseph; The Cavelle Company as owner and operator doing business as Dontdatehimgirl.com; Empress Motion Pictures; TJC Media Group

Type of Party: 

Individual

Type of Party: 

Individual
Intermediary

Location of Party: 

  • Pennsylvania

Location of Party: 

  • Florida

Legal Counsel: 

Jeffrey T. Donner ; John R. Orie, Jr.

Legal Counsel: 

James C. Cunningham, Jr.
Description

Todd Hollis objected to the information users posted about him on DontDateHimGirl.com, a website that allows women to post about men and warn other women about them. In May 2006, Mr. Hollis sued [2] Tasha Joseph/Cunningham, the operator of the website, alleging defamation in Pennsylvania state court, after she refused to remove the posts.

The Pennsylvania court dismissed the action for lack of personal jurisdiction over Joseph/Cunningham, a resident of Florida.

On November 29, 2007, Hollis filed a second lawsuit in federal court in Florida, alleging defamation, intentional infliction of emotional distress, and false light invasion of privacy. According to the Pittsburg Post-Gazette, Tasha Joseph/Cunningham issued the following statement in response to the new lawsuit:

DontDateHimGirl.com's mission is to empower women with the informationand connections that help them make better life decisions. DDHG.com [3] is fully protected [from defamation lawsuits] by the Communication Decency Act. ... Any attack or lawsuit put forth regarding DDHG.com [3] will be dealt with strongly, swiftly and in a manner which will seek to end this type of erroneous, wasteful litigation.
Update:

03/31/2008: Cunningham answered Hollis' complaint and filed a counterclaim against Hollis for defamation. The defamation claim arose from an telecopier document allegedly sent by an organization related to Hollis that stated as fact that Cunningham had been convicted of grand theft by the State of Florida.

04/14/2008: Defendants filed a motion for partial summary judgment. The motion argued that defendants were entitled to summary judgment on several of plaintiff's claims because certain examples of the disputed content were true and certain examples were entitled to protection under CDA 230 [4].

03/2008 through 05/2008: Plaintiff and defendants filed a series of motions disputing discovery issues. These primarily concern defendants' requests for information from plaintiff and plaintiffs requests to depose individuals regarding defendants' reputation.

05/15/2008: Court dismissed Cunningham's counterclaim at Cunningham's request and granted Cunningham's request for protective orders that would prevent plaintiff from deposing certain individuals on the issue of defendants' reputation.

06/20/2008: The case has been dismissed with prejudice by stipulation of both parties. Details of the settlement are not yet available.

 

Related Links: 

Legal Blog Watch: Don'tSueHerBoy [5]

Wall Street Journal Online Law Blog [6]

ABC News: Women Rat, Man Sues [7]

CourtTV: Man sues Web site for allowing women to post comments that he's a 'cheater,' has herpes [8]

Legal Blog Watch: Don'tDateHim Lawyer Back in Court [9]

post-gazette.com: Lawyer sues again over Web site he says defamed him [10]

CMLP Related Threat Entry: Hollis v. Joseph [2]

CMLP Blog Post: DontDateHim' Lawyer Todd Hollis Back in Court With Second Lawsuit Against Dating Advice Site [11]

Details

Web Site(s) Involved: 

DontDateHimGirl.com [12]

Content Type: 

  • Photo
  • Text

Publication Medium: 

Forum

Subject Area: 

  • Defamation
  • Third-Party Content
  • False Light
  • Section 230
Court Information & Documents

Jurisdiction: 

  • Florida

Source of Law: 

  • Florida

Court Name: 

United States District Court for the Southern District of Florida

Court Type: 

Federal

Case Number: 

1:07-cv-23112-CMA

Relevant Documents: 

PDF icon 2007-11-30-Hollis Complaint (Florida).pdf [13]
PDF icon 2008-02-25-Hollis Amended Complaint.pdf [14]
PDF icon 2008-02-22-Cunningham Motion to Dismiss.pdf [15]
PDF icon 2008-03-31-Cunningham Answer and Counterclaim.pdf [16]
PDF icon 2008-02-26-Order Denying Motion to Dismiss as Moot.pdf [17]
PDF icon 2008-04-18-Defendants' Motion for Partial Summary Judgment.pdf [18]
PDF icon 2008-04-21-Hollis' Answer and Affirmative Defenses to Counterclaims.pdf [19]
PDF icon 2008-05-05-Plaintiff's Opposition to Motion for Partial Summary Judgment.pdf [20]
PDF icon 2008-05-15-Order Granting Cunningham's Motion to Dismiss Her Counterclaim and Granting Protective Orders.pdf [21]
PDF icon 2008-06-20-Hollis v. Cunningham Order Dismissing Case.pdf [22]
CMLP Information (Private)

CMLP Notes: 

Probably worth trying to find out the terms of the settlement. {MCS}

DMLP Logo


Source URL (modified on 08/20/2014 - 11:05pm): https://www.dmlp.org/threats/hollis-v-cunningham

Links
[1] https://www.dmlp.org/threats/hollis-v-cunningham
[2] https://www.dmlp.org/threats/hollis-v-joseph
[3] http://ddhg.com/
[4] https://www.dmlp.org/blog/2007/primer-immunity-and-liability-third-party-content-under-section-230-communications-decency
[5] http://legalblogwatch.typepad.com/legal_blog_watch/2006/06/dontsueherboy.html
[6] http://blogs.wsj.com/law/2006/07/03/pittsburgh-lawyer-dont-defame-me-dontdatehimgirlcom/
[7] http://abcnews.go.com/US/story?id=2184494
[8] http://www.courttv.com/people/2006/0707/dont_date_him_ctv.html
[9] http://legalblogwatch.typepad.com/legal_blog_watch/2007/12/dontdatehim-law.html
[10] http://www.post-gazette.com/pg/07338/838968-85.stm
[11] https://www.dmlp.org/blog/2007/dontdatehim-lawyer-todd-hollis-back-court-second-lawsuit-against-dating-advice-site
[12] http://www.dontdatehimgirl.com
[13] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-11-30-Hollis%20Complaint%20%28Florida%29_0.pdf
[14] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-02-25-Hollis%20Amended%20Complaint.pdf
[15] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-02-22-Cunningham%20Motion%20to%20Dismiss.pdf
[16] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-03-31-Cunningham%20Answer%20and%20Counterclaim.pdf
[17] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-02-26-Order%20Denying%20Motion%20to%20Dismiss%20as%20Moot.pdf
[18] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-04-18-Defendants%27%20Motion%20for%20Partial%20Summary%20Judgment.pdf
[19] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-04-21-Hollis%27%20Answer%20and%20Affirmative%20Defenses%20to%20Counterclaims.pdf
[20] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-05-05-Plaintiff%27s%20Opposition%20to%20Motion%20for%20Partial%20Summary%20Judgment.pdf
[21] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-05-15-Order%20Granting%20Cunningham%27s%20Motion%20to%20Dismiss%20Her%20Counterclaim%20and%20Granting%20Protective%20Orders.pdf
[22] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-06-20-Hollis%20v.%20Cunningham%20Order%20Dismissing%20Case.pdf