MLRC: Actions Against Online Speech

Green Tech v. Watchdog.org

2013-06-07T14:35:00.002-04:00

Green Tech v. Watchdog.org (April 8, 2013)

STATUS: Suit filed in Mississippi district court.

Green Tech sues Online Watchdog for Libel
Mississippi Business Journal
http://msbusiness.com/blog/2013/06/07/greentech-sues-online-watchdog-for-libel/

DueAll Construction v. Smith et al.

2013-06-03T12:10:00.000-04:00

DueAll Construction v. Smith, et. al (May 16, 2013)

STATUS: Complaint filed in Florida Circuit Court.

Fla.Cir.: Brandenton Residents Sued by Contractor for Defamation
WFLA.com
Homeowners in Bradenton's crumbling Willowbrook condominium are in a fierce battle with their builder KB Home. That fight has landed two residents in a lawsuit.
http://www.wfla.com/story/22440836/willobrook

Schon v. Kozan

2013-06-03T12:00:00.003-04:00

Schon v. Kozan (March 18, 2013)

STATUS: Complaint filed in Minnesota District Court.

Minn.Dist.Ct. Defamation Doesn't Mean Name Calling
CBS Philly
If defamation is like name calling, can you defame someone if you never actually mention his name?
http://philadelphia.cbslocal.com/2013/05/31/defamation-doesnt-mean-name-calling/

Rakofsky v. Washington Post

2013-05-14T11:10:00.000-04:00

Rakofsky v. Washington Post (April 29, 2013)

STATUS: Opinion delivered on April 29, 2013.

N.Y. Sup.: Judge Not Impressed by Rakofsky v. the Internet; Dismisses Defamation Claims
Techdirt
In a ruling on Friday, the Supreme Court of the State of NY basically shot down every singe on of Rakofsky's claims and granted the motions to dismiss of various defendants. The court very carefully details the factual background and then explains why the motions to dismiss are being granted.
https://www.techdirt.com/articles/20130510/17292223040/judge-not-impressed-rakofsky-v-internet-dismisses-defamation-claims.shtml

>>Opinion:
https://www.documentcloud.org/documents/699478-rakofsky-order.html

Arrington v. Allen

2013-05-13T11:15:00.003-04:00

Arrington v. Allen (May 5, 2013)

STATUS: Lawsuit brought on May 5, 2013.

W.D.Wash.: Michael Arrington Files Suit Against Jen Allen, Alleging Defamation
BetaBeat
"As a proximate result of the statements alleged above, plaintiff has suffered loss of his reputation, shame, mortification, and hurt feelings, all to his general damage."
http://betabeat.com/2013/05/michael-arrington-files-suit-against-jenn-allen-alleging-defamation/

>>Complaint:
http://www.scribd.com/doc/140241091/Arrington

Duc Tan v. Le

2013-05-13T11:09:00.002-04:00

Duc Tan v. Le (May 9, 2013)

STATUS: Washington Supreme Court reversed Court of Appeals ruling.

Wash. Supreme Court Reinstates $310K Jury Award for Man Defamed as a Communist
Associated Press
http://www.therepublic.com/view/story/a7deebe9badc450a957858b147f8e0db/WA--SCOW-Communist-Defamation

Med Express v. Nicholls

2013-05-01T11:51:00.003-04:00

Med Express v. Nicholls (March 25, 2013)

STATUS: Judge set date for an oral hearing on a preliminary injunction.

Med Express Sues Marginally Dissatisfied Customer for Posting Accurate Feedback on Ebay
TechDirt
Here's yet another example of companies using lawsuits to censor speech -- a situation that would be stopped if there was a serious federal anti-SLAPP law in place.
https://www.techdirt.com/articles/20130416/02180522721/med-express-sues-marginally-dissatisfied-customer-posting-accurate-feedback-ebay.shtml

Complaint:
https://www.citizen.org/documents/ComplaintandTROMotion.pdf

Fiddler's Creek Foundation v. Schutt

2013-05-01T11:44:00.000-04:00

Fiddler's Creek Foundation v. Schutt (January 25, 2013)

STATUS: Suit brought in Florida Circuit Court on January 25, 2013.

Fiddler's Creek Suits Become Latest in Libel, Slander Cases Involving Libel
Naples News
http://www.naplesnews.com/news/2013/apr/08/fiddlers-creek-suit-libel-slander-blog-schutt-hoa/

Complaint:
http://media.naplesnews.com/media/static/FIddlersCreekVSchutt.pdf

Lee v. Makhenivich

2013-04-24T15:18:00.001-04:00

STATUS: Order given March 27, 2013.

S.D.N.Y.: You Shouldn't Need a Copyright Lawyer to Pick a Dentist

Technology & Marketing Law Blog (Eric Goldman)

Lee became unsatisfied with his interactions with the dentist and posted critical online reviews to Yelp, DoctorBase and other websites. Apparently unhappy with the reviews, the dentist invoked the Mutual Agreement to Maintain Privacy and claimed copyright ownership over those reviews.

http://blog.ericgoldman.org/archives/2013/04/you_shouldnt_ne.htm

> Opinion: Lee v. Makhenivich

http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1347&context=historical

Johnson v. City of Raleigh

2013-04-03T11:40:00.001-04:00

Johnson v. City of Raleigh (3/29/13)

STATUS: Defamation claim dismissed on 3/29/13

D.N.C.: Court Applies Single Publication Rule to Dismiss Defamation Claim
A North Carolina federal court applied the single publication rule in an Internet defamation case in dismissing on statute of limitation grounds long running libel claims against several media defendants who has accused plaintiff of having a statutory rape conviction. It is the first trial or appellate court decision in the Fourth Circuit to squarely apply the single publication rule in dismissing an Internet defamation claim.

Order:
http://www.medialaw.org/images/medialawdaily/raleigh.pdf

McGibney v. Moore

2013-03-13T10:35:00.001-04:00

McGibney v. Moore (October 24, 2012)

STATUS: Judgement entered against defendant on March 8, 2013.

Nev. Dist.: Revenge Porn Site Founder Loses $250k Defamation Suit
Ars Technica
In a decision at the Clark County, Nevada district court, Randazza Legal Group secured a $250,000 judgment against IsAnyoneUp site founder, Hunter Moore. This particular defamation case was not related to Moore's revenge porn activities, but instead focused on statements Moore issued about McGibney.
http://arstechnica.com/tech-policy/2013/03/revenge-porn-site-founder-loses-250k-defamation-suit/

Decision:
http://bv.1110.cds.contentcolo.net/uploads/files/Executed%20Moore%20Judgement.pdf

Brompton Buildings v. Yelp

2013-02-22T14:43:00.002-05:00

Brompton Buildings v. Yelp (January 31, 2013)

Ill.App.: Building Owner Can't Discover the Identity of Tenant Who Writes Bashing Yelp Review
Forbes (Eric Goldman)
http://www.forbes.com/sites/ericgoldman/2013/02/20/building-owner-cant-discover-the-identity-of-tenant-who-writes-bashing-yelp-review/

Opinion:
http://www.state.il.us/court/R23_Orders/AppellateCourt/2013/1stDistrict/1120547_R23.pdf

Hingston v. Google

2013-01-24T12:59:00.002-05:00

Hingston v. Google (12/21/12)

STATUS: Complaint filed in California District Court on 12/21/12.

C.D.Cal.: Filing Lawsuits in the United States Over Google Auto-Complete Is...
Citizen Media Law Blog
In false light and defamation actions, context is king.
http://www.citmedialaw.org/blog/2013/filing-lawsuits-united-states-over-google-autocomplete

Complaint: http://www.citmedialaw.org/sites/citmedialaw.org/files/Hingston%20Complaint.pdf

Toups et al v. GoDaddy.com et al

2013-01-23T11:33:00.001-05:00

Toups et al v. GoDaddy.com (1/18/13)

New Lawsuit Against "Revenge Porn" Site Also Targets GoDaddy
Ars Technica
So-called involuntary porn or "revenge porn" websites have continued to make more news- against the will of just about everyone featured on them.
http://arstechnica.com/tech-policy/2013/01/new-lawsuit-against-revenge-porn-site-also-targets-godaddy/

Complaint: http://www.scribd.com/doc/121463764/Class-Action-Suit-Against-GoDaddy-com-Texxxan-com

Bierman & Weier v. Weier & Author Solutions

2013-01-23T11:09:00.001-05:00

Bierman & Weier v. Weier & Author Solutions (court filed date)

Iowa Supreme Court: Internet Publishes Protected from Libel Suits
Des Moine Register
The Iowa Supreme Court has given protections against libel lawsuits to Internet publishes but have declined to extend them to average citizens, a ruling that media lawyers called significant.
http://www.desmoinesregister.com/viewart/20130122/NEWS01/301220041/Iowa-Supreme-Court-Internet-publishers-protected-from-libel-suits

Opinion: http://www.iowacourts.gov/Supreme_Court/Recent_Opinions/20130118/10-1503.pdf

Gordon v. Mediabistro.com

2013-01-21T13:01:00.003-05:00

UPDATE: Complaint answered on March 6, 2013.

D.C. Sup.: Were Fishbowl's Wendy Wednesday Posts Just a Joke?
Washington Post
http://www.washingtonpost.com/blogs/erik-wemple/wp/2013/03/12/were-fishbowldcs-wendy-wednesday-posts-just-a-joke/

Answer to Complaint:
http://www.washingtonpost.com/r/2010-2019/WashingtonPost/2013/03/12/Editorial-Opinion/Graphics/fishbowldcresponse.pdf

Gordon v. Mediabistro.com (1/17/2013)

STATUS: Complaint filed on January 17, 2013.

D.C. Super.: Media News Site Sued for Libel
The BLT: Blog of the Legal Times
Wendy Gordon, a local publicist, claimed that the FishBowl DC launched an "unprovoked, online smear campaign" against her and published false information that hurt her reputation and her business.
http://legaltimes.typepad.com/blt/2013/01/dc-media-news-website-sued-for-libel.html

Complaint: http://legaltimes.typepad.com/files/gordon-v-mediabistro-complaint.pdf

Chevaldina v. R.K./ FI Management, Inc.

2012-12-19T10:54:00.001-05:00

Chevaldina v. R.K./FI Management, Inc., No.3612-3189 (12/14/12)

STATUS: Blogger appealing preliminary injunction.

Fla.App.: Blogger Appeals Preliminary Injunction in Libel Case
The defendant wrote critical blog posts about a shopping center owner and its leasing practices and was sued for defamation and related claims. In November a circuit court judge enjoined the defendant from writing "defamatory" blogs in the future.

Appellate Brief: Chevaldina v. R.K./ FI Management, Inc.
http://www.medialaw.org/images/medialawdaily/chevaldina.pdf

Noriega v. Huffington Post

2012-12-19T10:48:00.002-05:00

Noriega v. Huffington Post, No. 1:12-cv-2006 ( 12/14/12)

STATUS: Complaint filed on 12/14/12.

D.D.C.: Huffington Post Facing $3Million Libel Lawsuit from Panama Lawyer
Legal Times
On August 2nd, an article called "The Primacy of the Rule of Law" was posted on the Huffington Post. The problem, according to a defamation lawsuit, is that the author listed claims he had nothing to do with the piece.
http://legaltimes.typepad.com/blt/2012/12/the-huffington-post-facing-3m-libel-lawsuit-from-panama-lawyer.html

Complaint: Noreiga v. Huffington Post
http://legaltimes.typepad.com/files/noriega-complaint-1.pdf

LeBlanc v. Skinner

2012-12-19T10:43:00.000-05:00

LeBlanc v. Skinner No. 8310/08 (12/12/2012)

STATUS: Appellate Court rules in favor of defendant.

N.Y.App.: Calling Someone a Terrorist Online is Non-Actionable Opinion
Technology & Marketing Law Blog (Eric Goldman)
Here the court- without reservation- says the online reference doesn't have the obvious serious implications that normally attach to being a "terrorist".
http://blog.ericgoldman.org/archives/2012/12/calling_someone.htm

Order: LeBlanc v. Skinner
http://www.nycourts.gov/reporter/3dseries/2012/2012_08494.htm

Martin v. Daily News

2012-12-07T11:42:00.000-05:00

Martin v. Daily News, No. 100050/08 (Dec.3, 2012)

STATUS: Court grants Defendant's motion for summary judgment.

N.Y.Sup.: Court Grants Summary Judgment in Favor of the Daily News
Plaintiff Justice Larry Martin of the Supreme Court of the State of New York sued the paper and the journalist who wrote a series of blog posts and stories about judicial corruption in Brooklyn in 2007. Justice Martin failed to show actual malice and the court granted the defendant's motion for summary judgment and dismissed the claims.

Opinion: Martin v. Daily News
http://www.medialaw.org/images/medialawdaily/martin.pdf

Dietz Development v. Perez

2012-12-07T11:29:00.002-05:00

UPDATE

STATUS: Virginia Supreme Court overturns preliminary injunction.

Va: Injunction Over Negative Yelp Review Overturned by Virginia Supreme Court
Washington Post
The Virginia Supreme Court has overturned a preliminary injunction against a Fairfax woman who is facing a $750,000 defamation suit for her negative reviews on Yelp and Angie's List.
http://www.washingtonpost.com/local/crime/injunction-over-negative-yelp-review-overturned-by-virginia-supreme-court/2013/01/02/c83046aa-552d-11e2-8b9e-dd8773594efc_story.html?wprss=rss_crime

Order: Perez v. Dietz Development
http://www.citizen.org/documents/SupremeCourtReversal.pdf

Dietz Development v. Perez (Oct. 31, 2012)

STATUS: Judge ruled in favor of Plaintiff in preliminary injunction.

Vir.Cir.: Judge Says Homeowner Must Delete Certain Accusations on Yelp, Angie's List
Washington Post
A Fairfax County woman being sued for defamation over negative reviews she wrote on Yelp and Angie's List must delete certain accusations and is barred from repeating them in new posts.
http://www.washingtonpost.com/local/crime/judge-says-homeowner-must-delete-some-accusations-on-yelp-angies-list/2012/12/05/bd97448a-3f22-11e2-a2d9-822f58ac9fd5_story.html?wprss=rss_local

Memo in Support of Preliminary Injunction:
http://apps.washingtonpost.com/g/documents/local/plaintiffs-memo/162/

Shepard v. The Huffington Post

2012-11-29T10:13:00.002-05:00

UPDATE: A federal appeals court holds that there was no libel.

8th.Cir.: HuffPo Smearing of Candidate Not Libel, Says Court
Lawyers.com
A federal appeals court upheld the dismissal of a lawsuit accusing the Huffington Post of libeling a former U.S. Senate candidate from Minnesota by calling him an arsonist in a story headline.
http://blogs.lawyers.com/2013/06/huffpo-smearing-of-senate-candidate-not-libel-court-says/

Opinion:
http://media.ca8.uscourts.gov/opndir/13/06/124036U.pdf

Shepard v. The Huffington Post (June 2012)

STATUS: District Court dismissed the claims with prejudice after finding that it was barred by the statute of limitations.

D.Minn.: HuffPo Cleared for IDing Candidate as Arsonist
Courthouse News
A former Congressional candidate waited too long to sue the Huffington Post over an article that labels him an "arsonist", a federal judge.

Order: Shepard v. The Huffington Post
https://www.courthousenews.com/2012/11/27/huffpo.pdf

Spooner v. The Associated Press

2012-11-26T10:01:00.000-05:00

Spooner v. The Associated Press
STATUS: Lawsuit settled in December 2012.

NBA Ref & AP Settle Suit Over Reporter's Tweet
Minneapolis St. Paul Business Journal
http://www.bizjournals.com/twincities/blog/law/2011/12/nba-ref-ap-reporter-settle-over-tweet.html?page=all

Gilman v. Spitzer

2012-10-08T11:57:00.001-04:00

Gilman v. Spitzer (10/1/12)

STATUS: Lawsuit dismissed on 10/5/12.

S.D.N.Y.: Federal Judge Dismisses Lawsuit Against Ex-Gov Spitzer
New York Times
A federal judge on Friday dismissed a libel lawsuit against ex-Gov. Spitzer and the online magazine Slate for a column Spitzer wrote in 2010 about an insurance bid-rigging scandal.
https://www.nytimes.com/2012/09/29/nyregion/federal-judge-dismisses-libel-lawsuit-against-ex-gov-spitzer.html?ref=politics&_r=0

Opinion: Gilman v. Spitzer
http://ia600709.us.archive.org/5/items/gov.uscourts.nysd.383728/gov.uscourts.nysd.383728.38.0.pdf

ZAGG v. Catanach

2012-10-02T11:56:00.001-04:00

Zagg v. Catanach ( 9/27/12)

E.D.Pa.: Business School Professors May Be Liable for Defamatory Blog Posts
Technology & Marketing Law Blog (Eric Goldman)
The lawsuit involves a blog post "Don't Gag on Zagg". They appear to have removed the post, but it was widely distributed and discussed.
http://blog.ericgoldman.org/archives/2012/09/business_school.htm

Memorandum: http://www.paed.uscourts.gov/documents/opinions/12d0938p.pdf