Gripe Sites

Lexington Homes v. Siskind

Date: 

03/24/2006

Threat Type: 

Lawsuit

Party Issuing Legal Threat: 

Lexington Homes, Inc.

Party Receiving Legal Threat: 

Peter Siskind

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Circuit Court of the Sixth Judicial Circuit, in and for Pinellas/Pasco County, State of Florida Civil Division

Case Number: 

51-2004-CA-01018-WS

Legal Counsel: 

Marc Randazza - Weston, Garrou, Walters & Mooney

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

Peter Siskind hired Lexington Homes to build a house for him in Hernando County, Florida. The business relationship between Siskind and Lexington deteriorated, and Siskind created a "gripe site" (www.badLexingtonhomesinc.net). The home page of the website stated: "This website is dedicated to: all consumers who have had bad experiences using Lexington Builders (west coast of Florida) . . . and the wise, potential customers who read this and draw their own conclusions . . . This page will tell of my experiences when my wife and I contracted with Lexington Builders. Everything said on this page is my opinion, but true." On the rest of the site, Siskind outlined his criticism of Lexington's building practices and his version of the facts of the business relationship between Lexington and himself. Siskind also created a section for "stories" contributed by six Florida residents regarding their experience with Lexington Homes and provided an online form through which users could transmit information to the site.

Lexington filed a lawsuit in Florida state court. The complaint alleged defamation and tortious interference with business relationships. Siskind moved to dismiss the complaint, arguing that the Florida court lacked personal jurisdiction over him. The court dismissed the lawsuit, holding that exercise of personal jurisdiction over Siskind was not permissible under the due process clause fo the US Constitution. The court held that mere maintenance of a website accessible in Florida was not enought to create jurisdiction, and that the contacts tieing a defendant to the Florida must be particular and specific and not merely contacts that link the defendant with equal strength to all states. The court took into consideration the fact that Siskind did not derive any commercial benefit by doing business with Florida residents through the website.

Lexington appealed the decision. We've been told by one of the attorneys involved in the case that Lexington dropped its appeal in exchange for Mr. Siskind dropping his motion for sanctions against them.

Update:

11/2/2005 - Florida state court dismissed the lawsuit for lack of personal jurisdiction over Siskind

3/24/2006 - Lexington filed notice of appeal in the Florida Second District Court of Appeal (Case No. 2D06-1355)

Appeal withdrawn.

Jurisdiction: 

Content Type: 

Subject Area: 

Hagele v. Hanson

Date: 

03/02/2006

Threat Type: 

Lawsuit

Party Issuing Legal Threat: 

Glenn Hagele

Party Receiving Legal Threat: 

Brent Hanson; Does 1-20; Elvira Galindo; Paula Cofer; Dean Kantis; Richard Zickefoose; Micro Jet Positions, LLP; Charles McKinnon, individually and d/b/a ACE Judgment Recovery Service; Lauranell Burch

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

California Superior Court, Sacramento County

Case Number: 

06AS00839

Legal Counsel: 

James R. Donahue

Publication Medium: 

Email
Forum
Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)

Description: 

In January 2003, Brent Hanson filed a lawsuit against Glenn Hagele in the Illinois state court. The Illinois court dismissed the case. In May 2005, Hanson published on his website, LasikFraud.com, a letter which purported to be from "ACE Judgment Recovery Services" seeking to collect $2,850 in connection with the Illinois case. The letter stated that Hanson had won a judgment against Hagele and that ACE would collect the judgment. According to Hagele, Hanson and/or unknown accomplices republished the letter and related statements on other websites, Internet bulletin boards, and newsgroups, and in emails.

Hagele sued Hanson in California state court in March 2006. It appears that Hanson did not respond to the suit for a number of months, leading Hagele to file a motion for entry of a default judgment. The record is not clear on this point, but it appears that the court denied the motion, and Hanson eventually appeared, filing an answer in February 2007.

Update:

3/4/2008 - Court granted Hagele's motion for a temporary restraining order against Hanson, preventing Hanson from publishing any of Hagele's private information.

On 1/9/09 and again on 5/11/09 Hagele amended his complaint to name five Does: Elvira Galindo, Paula Cofer, Dean Kantis, Richard Zickefoose, and Micro Jet Positions, LLP.

2/11/2010 - Hagele amended his complaint to name Does 6 and 7 as Charles McKinnon and Charles McKinnon d/b/a ACE Judgment Recovery Service, respectively.

7/13/2010 - Hagele amended his complaint to name Doe 8 as Lauranell Burch.

8/31/2010 - Burch moved to strike Hagele's complaint as a SLAPP suit.

10/1/2010 - Hagele requested to dismiss his claims against Burch.

12/16/2010 - Court, noting that Hagele cannot avoid mandatory fees by dismissal of his claims against Burch, awards attorney fees to Burch under California's SLAPP statute.

3/10/2011 - In a subsequent order on attorneys fees, the court further articulated the grounds for dismissing the claim against Burch as a SLAPP. The court found that the plaintiff was highly unlikely to succeed under the merits, in part because Burch re-posted the letter originally posted by defendant Hudson, and thus her actions were likely protected by 47 U.S.C. § 230. The court also found that Hagele was a limited purpose public figure, and thus would have to show that Burch posted the material with actual malice. The court initially awarded $16,857 in attorneys fees to defendant Burch, and subsequently awarded an additional $13,125.

4/25/2011 - Hagele filed a request to dismiss defendant Cofer without prejudice.

5/24/2011 - Hanson filed a motion to dismiss the case and accompanying memorandum for failure to bring to trial within five years, pursuant to California Code of Civil Procedure § 583.310.

6/30/2011 - Hanson filed a motion for summary judgment on the merits of the defamation and privacy claims, arguing that Hagele could not show that Hudson published the letter with actual malice, and that the claim for invasion of privacy should be dismissed because the document in question was a public court filing.

7/1/2011 - Following a filing declaring that Hagele had suffered a stroke, the court ordered a stay of the proceedings until December 11, 2011.

7/21/2011 - The court ordered the May 24th motion to dismiss dropped, in light of the July 1st motion to stay.

12/9/2012 - In a minute order on the docket on January 10, 2012, the court indicated that they had previously granted  a second order to stay the proceedings on December 9, 2011, effective until June 9, 2012.

12/13/2011 - The attorney for Hanson sent a letter to the court asking the court to reschedule hearings on his earlier motion to dismiss and motion for summary judgment.

8/6/2012 - Hanson filed a renewed motion to dismiss for failure to bring the case to trial.

8/7/2012 - The court granted the motion to dismiss for failure to bring the case to trial within five years, dismissing the entire case.

Jurisdiction: 

Subject Area: 

CMLP Notes: 

TS editing to-do: investigate whether there was cease-and-desist letter (see para. 8 of the Complaint); try to find a docket sheet and court documents (hard to do)

Status checked on 6/4/2008, case seems to be moving ahead (AAB)

AVM 6/11/09- updated info on Does 1-5

2/4/11 - Updated info on Does 6-8, Doe 8 (Burch)'s anti-SLAPP motion. (AAB)

9/6/12 - updated with several new pieces of information, following email from defendant Hudson (AFS)

McMann v. Doe 2

Date: 

11/20/2006

Threat Type: 

Lawsuit

Party Issuing Legal Threat: 

Paul McMann

Party Receiving Legal Threat: 

John Doe

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of Arizona, Maricopa County

Case Number: 

CV 2006-092226

Legal Counsel: 

Louis Hoffman, Gregory Beck - Public Citizen Litigation Group

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)
Subpoena Quashed

Description: 

Paul McMann, a Massachusetts real estate developer, sued the anonymous operator of an Internet "gripe site" about him. The website contained a photograph of Mr. McMann, the statement that he “turned lives upside down,” and a suggestion to "be afraid, be very afraid." The website also announced that it would soon be updated with specific evidence of McMann's alleged misdealings.

After a nearly identical action was dismissed in the United States District Court for the District of Massachusetts, McMann sued the anonymous operator of the site in Arizona state court, claiming defamation (the publicity and privacy claims in his previous complaint were apparently abandoned). McMann sought to subpoena ISPs to discover the website operator's identity. In January 2007, the court quashed the subpoena and dismissed the case without prejudice. The court relied on Doe v. Cahill, 884 A.2d 451 (Del. 2005), an important case from the Delaware Supreme Court holding that the First Amendment's protection for anonymous speech requires plaintiffs in defamation actions to make a heightened factual showing (meeting a summary judgment standard) before issuance of a subpoena to discover the identity of an anonymous defendant.

Jurisdiction: 

Content Type: 

Subject Area: 

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