MLRC: Actions Against Online Speech

Obsidian Finance Group v. Cox

2012-01-27T12:07:00.002-05:00

STATUS: Jury found Cox liable for defamation in December of 2011. The EFF filed a brief to reinstate the case on January 11, 2012.

Ore. Dist.: Oregon Defamation Decision Could Chill Free Speech
Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) urged an Oregon district court in a friend-of-the court brief to overturn a multi-million dollar defamation verdict against a blogger that could chill free speech.
https://www.eff.org/press/releases/oregon-defamation-decision-could-chill-free-speech

>>Amicus Brief: Obsidian Finance Group v. Cox
https://www.eff.org/sites/default/files/filenode/coxamicus.pdf

Jones v. Dirty World Entertainment Recordings, LLC

2012-01-12T12:36:00.002-05:00

STATUS: An order ruling against the defendant was delivered on January 10, 2012.

E. D.Ky.: The Dirty denied 47 USC 230 Immunity
Technology & Marketing Law Blog (Eric Goldman)
A Kentucky judge rejected 47 USC 230 for the thedirty.com for third party content.
http://blog.ericgoldman.org/archives/2012/01/thedirty_denied.htm

>>Order: Jones v. Dirty World Entertainment Recordings, LLC
http://www.scribd.com/doc/77817530/Jones-v-Dirty-World-Denial-of-Defendant-s-Summary-Judgment-Motion

Mendez v. Barstoolsports.com

2012-01-05T11:57:00.003-05:00

STATUS: Lawsuit filed on December 5, 2011.

N.J. Super: Man Claims Sports Blog Defamed Him
Courthouse News
A man claims that the popular blog Barstoolsports.com defamed him by publishing his name and a photo under the headline "Jersey City Pedophile Lose His $4Million Lotto Ticket, Sues the Whole World".
http://www.courthousenews.com/2011/12/19/42339.htm

Complaint: Mendez v. Barstoolsports.com
http://www.courthousenews.com/2011/12/19/Barstool.pdf

Giordano v. Xcentric Ventures et al

2012-01-05T10:59:00.002-05:00

STATUS: Appeals Court rules that website need not take defamatory comments down on December 28, 2011.

Fla.App.: Defamed Business Can't Force Comment Off the Web
News Services of Florida
A website that allows users to post opinions about businesses without regard to whether the opinions are "true" may be appalling in its invitation to slander businesses, but it doesn't have to take the post down, a appeals court ruled.
http://www.jaxdailyrecord.com/showstory.php?Story_id=535291

Opinion: Giordano v. Xcentric et al
http://www.3dca.flcourts.org/Opinions/3D11-0707.pdf

Miller, et al v. Junior Achievement of Central Indiana Inc, et al

2011-12-14T13:05:00.002-05:00

Miller, et al v. Junior Achievement of Central Indiana, et al

STATUS: Appeal filed June 27, 2011

Ind. App.: Court weighs online commenter's rights
Indianapolis Star
The Indianapolis Star went to court to protect the identity of an online commenter named in a defamation suit.
http://www.theindychannel.com/news/29980839/detail.html

Ind. Super.: Order compelling discovery
http://indianalawblog.com/documents/2-23-11%20Order%20Compelling%20Discovery-Indy%20Star.pdf

Ind. App.: Brief of Appelant
https://www.eff.org/files/miller_appellant_brief.pdf

Biro v. Conde Nast, et.al

2011-12-14T12:54:00.002-05:00

Biro v. Conde Nast, et.al

STATUS: Complaint amended to include more defendants on December 5, 2011.

S.D.N.Y.: Gawker brought into New Yorker fracas
Courthouse News
A Canadian art authenticator has cast a wider net in his defamation lawsuit against the New Yorker, hoping to ream Gawker and about a half-dozen other media outlets and websites that publicized the magazine's original coverage.
http://www.courthousenews.com/2011/12/12/42167.htm

Amended Complaint: Biro v. Conde Nast, et.al
http://www.courthousenews.com/2011/12/12/nyer.pdf

Pippen v. Comcast Corp.

2011-12-14T12:46:00.003-05:00

Pippen v. Comcast Corp.

STATUS: Complaint filed on December 13, 2011.

N.D.III: Scottie Pippen sues over Bankruptcy Report filing
Courthouse News
Former Bulls star Scottie Pippen claims Comcast and General Electric, owners of NBC Universal and CNBC.com, defamed him and cost him endorsements by falsely claiming he had been declared bankrupt
http://www.courthousenews.com/2011/12/14/In_Brief.htm#42239

Complaint: Pippen v. Comcast Corp.
http://www.courthousenews.com/2011/12/14/Pippen.pdf

Righthaven v. Center for Intercultural Organizing

2011-12-02T12:20:00.003-05:00

UPDATE

STATUS: Attempts by Righthaven to overturn "fair use" decisions against it were refuted on
January 13, 2012.

9th Cir.: Copyright Troll Refuted in Fair Use Appeal
PC World
Attempts by Righthaven to overturn two fair use decisions against it were opposed in federal court by such prominent voices as the Electronic Frontier Foundation, Google, Public Knowledge and the Digital Media Law Project at Harvard.
https://www.pcworld.com/article/248207/copyright_troll_refuted_in_fair_use_appeal.html

>>Brief Amici Curiae: Righthaven v. Center for Intercultural Organizing
https://www.eff.org/sites/default/files/filenode/googerighthavencioamicus.pdf

STATUS: Summary judgement was granted in favor of the Defendants on April 22, 2011.

9th Cir.: Righthaven asks Appeals Courts to revive lawsuits
MediaPost
Copyright enforcement outfit Righthaven is asking a federal appeals court to reinstate its copyright infringement lawsuit against a nonprofit that posted an entire article from the Las Vegas Review-Journal.
http://www.mediapost.com/publications/article/163007/righthaven-asks-appeals-court-to-revive-lawsuits.html

>>Righthaven's opening Brief:
http://www.medialaw.org/Content/NavigationMenu/Publications1/MLRC_MediaLawDaily/Attachments3/Righthaven_9thCirOpening.pdf

>>Decision:
http://ia600506.us.archive.org/21/items/gov.uscourts.nvd.75299/gov.uscourts.nvd.75299.38.0.pdf

Lee v. Makhnevich

2011-12-02T11:45:00.003-05:00

STATUS: Complaint filed in NY Federal Court on November 29, 2011

S.D.N.Y.: Toothache lawsuit may stifle medical gag orders against online rants
MSNBC
Lawyers for Robert Lee, 42, this week asked a New York federal court to declare that dentist Stacey Makhnevich's contract, which effectively tries to gag patient's reviews, is unethical, invalid, and illegal.
http://vitals.msnbc.msn.com/_news/2011/11/30/9124107-toothache-lawsuit-may-stifle-medical-gag-orders-against-online-rants

>>Complaint
http://mlrc.informz.net/z/cjUucD9taT0xOTYxMjI0JnA9MSZ1PTEwMzMyOTU4MDEmbGk9OTIxODMwOA/index.html

Hopkins v. Doe #1

2011-12-02T11:29:00.002-05:00

STATUS: Plaintiff's Motion to Amend was denied and Defendant Topix's Motion to Dismiss was granted on November 28, 2011.

N.D.Ga.: Fraud Allegations Don't Trump 47 USC 230
Technology & Marketing Law Blog ( Eric Goldman)
This lawsuit related to allegedly defamatory statements that Does made about Hopkins on Topix. Topix naturally invoked 47 USC 230, and the court easily concludes that it qualifies for immunity.
http://blog.ericgoldman.org/archives/2011/11/fraud_allegatio.htm

>>Order: Hopkins v. Doe #1
http://www.scribd.com/doc/74316988/Hopkins-v-Doe

>>See also: Complaint
http://www.themountainsvoice.com/exposed/DefamationComplaint.pdf

Stone v. Paddock Productions, Inc.

2011-11-21T14:35:00.003-05:00

Stone v. Paddock Productions, Inc.

STATUS: The Illinois Court of Appeals overturned a lower court ruling on November 17, 2011.

Ill. App.: Illinois Appellate Court Upholds Anonymity of Online Critic of Political Candidate
Electronic Frontier Foundation
The Illinois Court of Appeals today overturned a lower court ruling that had ordered the disclosure of the identity of an anonymous online critic of a political candidate, ruling that the First Amendment prevented such "fishing expeditions" undertaken by "those easily offended by online commentary."
https://www.eff.org/press/releases/illinois-appellate-court-upholds-anonymity-online-critic-political-candidate

Opinion: Stone v. Paddock Productions, Inc.
https://www.eff.org/sites/default/files/filenode/stonevpaddock-opinion-111711.pdf

Darm v. Craig

2011-10-26T14:29:00.003-04:00

UPDATE (10/12/11)

STATUS: Darm and Craig reached a settlement in Oregon's first Twitter-based defamation case.

Ore.: Blogger, Dr.Darm settle landmark Twitter lawsuit
Portland Tribune
http://www.portlandtribune.com/news/story.php?story_id=131846715288885300

STATUS: Complaint filed in August 2011.

Or.Cir.: Be careful what you tweet, it just might get you sued
KATU News
A local woman is being sued by a doctor for $1 million and what's interesting about it is that it is likely Oregon's first Twitter-based defamation.
http://www.katu.com/news/local/128428913.html

--Complaint: Darm v. Craig
http://www.medialaw.org/Content/NavigationMenu/Publications1/MLRC_MediaLawDaily/Attachments3/Darm_Complaint-2.pdf

Lozada v. Media Take Out

2011-10-12T11:40:00.002-04:00

Lozada v. Media Take Out

STATUS:Complaint filed September 29, 2011

Fla.Cir.: "Basketball Wife" Claims She Was Defamed
Courthouse News
A cast member of the reality tv show "Basketball Wives" claims the website Media Take Out defamed her in an article "falsely stating that [she] had cheated on her fiance."
http://www.courthousenews.com/2011/10/05/40307.htm

Complaint: Lozada v. Media Take Out
http://www.courthousenews.com/2011/10/05/BballWives.pdf

M.P. v. Halvorson

2011-09-19T12:23:00.003-04:00

STATUS: Complaint filed on September 13, 2011.

Tex. Dist.: 8th-Grade Novelist Accused of Defamation

Courthouse News Service
The Mother of an eighth-grade girl sued her daughter's classmate and his parents, claiming the boy defamed her daughter in a lurid novel he wrote, using classmate's real names, then published online, with help from his parents.
http://www.courthousenews.com/2011/09/16/39832.htm

--Complaint: M.P. v. Halvorson
http://www.courthousenews.com/2011/09/16/KidBook.pdf

Righthaven LLC v. Hoehn

2011-08-16T11:29:00.013-04:00

UPDATE (9/18/11)

STATUS: On September 18, 2011, Defendant filed a Motion for Write of Execution against the Plaintiff.

D. Nev.: Copyright Trolls Assets Targeted for Seizure

Wired

The legal woes of Las Vegas-based copyright-trolling firm Righthaven continued Sunday when one of its creditors moved to seize its assets.

http://www.wired.com/threatlevel/2011/09/righthaven-assets-targeted/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29&utm_content=Google+Reader

-- Motion for Writ of Execution: Righthaven v. Hoehn

http://www.wired.com/images_blogs/threatlevel/2011/09/righthavenseizure.pdf

UPDATE (9/9/11)

STATUS: On September 9, 2011, Plaintiff moved for a Stay of the Court’s Order and Judgment to pay Defendant’s Attorney's fees and costs.

D. Nev.: Righthaven: We Might Have To Declare Bankruptcy

paidContent
Copyright enforcer Righthaven warned that it cannot afford to pay a defendant $30,000 in legal fees and asked a judge to lift a ruling that prevents it from suing other individuals. And, in a man-bites-dog turn of events, Righthaven warned that the aggressive defendant would try and take the firm’s assets if a stay was not granted.
http://paidcontent.org/article/419-righthaven-we-might-have-to-declare-bankruptcy/

-- Motion for Stay of Judgment Pending Appeal: Righthaven v. Hoehn
http://www.scribd.com/doc/64396098/Righthaven-v-Hoehn-Plaintiff-Righthaven-LLC-s-Motion-for-Stay-of-Judgment-Pending-Appeal

UPDATE (8/16/2011)

STATUS: Defendant's Motion for Attorney's Fees and Costs granted; Plaintiff ordered to pay attorney's fees in the amount of $34,045.50.

D. Nev.: Righthaven rocked, owes $34,000 after "fair use" loss

Ars Technica
In a terse order today, the judge decided that Hoehn had won the case (as the "prevailing party") and "the attorney’s fees and costs sought on his behalf are reasonable."
http://arstechnica.com/tech-policy/news/2011/08/righthaven-rocked-owes-34000-after-fair-use-loss.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss

--Order: Righthaven v. Hoehn
http://ia600408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.43.0.pdf

STATUS: Defendant's motion for summary judgment and motion to dismiss for lack of jurisdiction was granted on June 20, 2011

D. Nev.: Righthaven Loss: Judge Rules Reposting Entire Article Is Fair Use

Wired
A federal judge ruled Monday that publishing an entire article without the rights holder’s authorization was a fair use of the work, in yet another blow to newspaper copyright troll Righthaven. . . “Righthaven did not present any evidence that the market for the work was harmed by Hoehn’s noncommercial use for the 40 days it appeared on the website. Accordingly, there is no genuine issue of material fact that Hoehn’s use of the work was fair and summary judgment is appropriate,” Judge Pro ruled.
http://www.wired.com/threatlevel/2011/06/fair-use-defense/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29&utm_content=Google+Reader

--Order Granting Defendant's Motion for Summary Judgment: Righthaven LLC v. Hoehn
http://randazza.files.wordpress.com/2011/06/righthaven-v-hoehn.pdf

STATUS: Complaint filed Jan 11, 2011

D. Nev.: After 200 Lawsuits Against Sites, Righthaven Targets Online Commenters

paidContent
After suing mostly mom-and-pop web publishers—more than 200 blogs and web sites in all in its 10 months in business—Righthaven last week began suing mere commenters, including Wayne Hoehn, a user who posted an op-ed article at MadJackSports.com . . . The same day, Righthaven sued James Higgins, who posted another apparently copied Las Vegas Review-Journal story into a Google Groups news list. These two suits appear to be the first Righthaven suits against individual who don’t own their own websites.
http://ia700408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.1.0.pdf

--Complaint: Righthaven v. Hoehn
http://ia700408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.1.0.pdf

See also:
--Complaint: Righthaven v. Higgins
http://ia700408.us.archive.org/14/items/gov.uscourts.nvd.78696/gov.uscourts.nvd.78696.1.0.pdf

Varrenti v. Gannett Co.

2011-08-09T14:29:00.003-04:00

STATUS: Complaint filed on August 5, 2011

N.Y. Sup.: Anonymous D&C Web posts about cops not defamatory

Democrat & Chronicle
The Democrat and Chronicle does not have to release information about four individuals who anonymously posted Web comments about members of the Brockport police and Brockport Police Chief Daniel Varrenti, a judge has ruled
http://www.democratandchronicle.com/article/20110806/NEWS01/108060315

--Complaint: Varrenti v. Gannett Co.
http://www.medialaw.org/Content/NavigationMenu/Publications1/MLRC_MediaLawDaily/Attachments3/varrenti.pdf

Cooley Law School v. John Doe 1, et al.

2011-07-15T16:41:00.003-04:00

STATUS: Complaint filed on July 14, 2011

Mich. Cir.: Law School Sues New York Law Firm For Defamation

Wall Street Journal
A Michigan law school filed two lawsuits Thursday – one against a New York law firm and another against four anonymous internet commentators – accusing them of defamation. One lawsuit claims that the school has been the victim of ads on Craigslist and Facebook seeking former Cooley law students to join in on a potential class action suit. The second lawsuit claims that four “John Doe” defendants have been blogging and perpetuating online comments damaging to the school’s reputation.
http://blogs.wsj.com/law/2011/07/15/law-school-sues-new-york-law-firm-for-defamation/?mod=WSJBlog

--Complaint: Thomas M. Cooley Law School v. John Doe 1, et al.
http://www.cooley.edu/newsevents/_docs/2011_07_014_Summons_and_Complaint_startpage.pdf

--Complaint: Thomas M. Cooley Law School v. Kurzon Strauss, LLP
http://www.cooley.edu/newsevents/_docs/2011_07_14_Summons_and_Complaint_startpage.pdf

Righthaven LLC v. Democratic Underground

2011-07-15T14:13:00.000-04:00

UPDATE (7/15/2011)

STATUS: Judge fined Righthaven $5000 for misleading the court on July 14, 2011

D. Nev.: Righthaven Masquerading as a Company

Vegas Inc.
A judge today fined newspaper copyright lawsuit filer Righthaven LLC of Las Vegas $5,000 for misleading a federal court about its lawsuits. Judge Hunt said Righthaven deliberately failed to disclose the owner of the Las Vegas Review-Journal shares in Righthaven’s lawsuit revenue. But, without explanation, Hunt didn’t sanction any of the Righthaven attorneys that may have been responsible for the misrepresentation.
http://www.vegasinc.com/news/2011/jul/14/judge-fines-righthaven-5000-misleading-court-over-/

STATUS: Order on Request to Unseal entered on March 9, 2011

D. Nev.: Righthaven’s Secret Contract Revealed: Will Its Strategy Collapse?

paidContent
Angered at Righthaven’s behavior, a Las Vegas federal judge unsealed the company’s heretofore confidential agreement with the Las Vegas Review-Journal late on Friday. The contract reveals that the controversial copyright-enforcement company and LV R-J parent company Stephens Media are splitting their net earnings from suing hundreds of bloggers on a 50-50 basis. It also shows that the LV R-J is still largely in control of Righthaven’s litigation strategy—a fact that could end up being ruinous for Righthaven’s campaign of copyright lawsuits.
http://paidcontent.org/article/419-righthavens-secret-contract-is-revealedwill-its-strategy-collapse/

--Order on Request to Unseal: Righthaven LLC v. Democratic Underground
https://www.eff.org/files/filenode/righthaven_v_dem/2-10-cv-01356_93.pdf

--Righthaven’s Contract With Stephens Media
http://www.docstoc.com/docs/76820004/RighthavenContract

See also

--Answer and Counterclaim: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/AnswerandCounterclaim.pdf

--Complaint: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/20100810RighthavenvDemocraticUnderground.pdf

McKee v. Laurion

2011-07-07T16:47:00.004-04:00

UPDATE (1/27/12)

STATUS: Appeals court sends case back to trial.

Minn. App.: Duluth Doctor's Defamation Suit Sent to Jury
The Associated Press
http://minnesota.publicradio.org/display/web/2012/01/24/duluth-doctor-defamation/

>>Opinion: McKee v. Laurion
http://www.mncourts.gov/opinions/coa/current/opa111154-012312.pdf

UPDATE ( 9/15/2011)

STATUS: Date scheduled for Oral Argument at Minnesota Court of Appeals.

--Notice of Oral Argument

http://macsnc.courts.state.mn.us/ctrack/docket/docketEntry.do?action=edit&deID=586764&csNameID=71108&csIID=78382

UPDATE (7/7/2011)

STATUS: Plaintiff stated on June 25, 2011, that he will appeal

Minn. Dist.: Duluth doctor appealing judge's decision to toss out defamation suit

Duluth News Tribune
A Duluth physician whose defamation suit against a former patient’s son was thrown out of district court said he has no choice but to file an appeal. Dr. David McKee, a neurologist with Northland Neurology and Myology, said he still is being targeted in online attacks related to the lawsuit he filed in June 2010 against Dennis Laurion. . . McKee said a sudden concentration of unfavorable critiques about him cropped up online shortly before Sixth District Judge Eric Hylden dismissed the suit. “It appears that Mr. Laurion made over 100 adverse postings on the Internet once he became aware that he was going to receive a favorable decision on the motion for summary judgment,” McKee said. “Appealing seems to me the only way to curb the activities of this malicious person.”
http://www.duluthnewstribune.com/event/article/id/202704/

STATUS: Defendant's motion for summary judgment granted on April 28th, 2011

Minn. Dist.: Judge Tosses Suit Over Bad Review of Doctor

On Point News
A Minnesota judge has boosted free-speech protections for online commentary by finding a neurologist cannot sue a patient's son over criticisms of his bedside manner that allegedly damaged his professional reputation. Dennis Laurion posted comments on doctor rating websites in which he vented about how Dr. David McKee of Duluth, Minn., treated his father while performing a neurological examination on him. Kenneth Laurion, 83, was recovering from a stroke at a hospital.
http://www.onpointnews.com/NEWS/Judge-Dismisses-Suit-Over-Bad-Review-of-Doctor-s-Work.html

--Decision: McKee v. Laurion
http://www.onpointnews.com/docs/Mckee-v-Laurion.pdf

Shiamili v. Ardor Realty Corp.

2011-06-16T11:32:00.000-04:00

UPDATE (6/16/2011)

STATUS: Order granting defendant's motion to dismiss affirmed on June 15, 2011

N.Y.: Blog not liable for defamatory comment: NY high court

Reuters
In a 4-3 ruling, the Court of Appeals held that the Communications Decency Act shields the Real Estate Group of New York Inc., or TREGNY, from liability for defamation and unfair competition against Ardor Realty Corp, because TREGNY was the blog's administrator, not the author of the comments in question.
http://online.wsj.com/article/AP492fbaaa0ed545868e86fbdece67f921.html

--Decision: Shiamili v. Ardor Realty Corp.
http://www.courts.state.ny.us/CTAPPS/Decisions/2011/Jun11/105opn11.pdf

See also:

--New York Appellate Court Opinion: Shiamili v. Ardor Realty Corp.
http://www.courts.state.ny.us/Reporter/3dseries/2009/2009_09403.htm

Too Much Media, LLC v. Hale, No. L2736-08 (N.J. Super. 2008).

2011-06-08T11:48:00.000-04:00

UPDATE (6/8/2011)

STATUS: Decided on June 7, 2011

N.J.: New Jersey Supreme Court holds that Online posters don’t have same source protections as mainstream journalists

The Associated Press
The New Jersey Supreme Court says people posting opinions online don’t have the same protections for sources as mainstream journalists. The court ruled Tuesday that New Jersey’s shield law for journalists does not apply to online message boards.
http://www.washingtonpost.com/business/nj-supreme-court-online-posters-dont-have-same-source-protections-as-mainstream-journalists/2011/06/07/AGM349KH_story.html

--Decision: Too Much Media Hale, LLC v. Hale
http://www.judiciary.state.nj.us/opinions/supreme/A710TooMuchMediavHale.pdf

UPDATE (4/22/2010)

Too Much Media, LLC v. Hale, No. L2736-08 (N.J. Super. 2008).
Status: Appeal of ruling on application of reporters' shield law pending

Software company Too Much Media sued blogger Shellee Hale for defamation over postings on the Oprano blog (oprano.com) regarding alleged security flaws in the software the company makes for pornographic web sites. Hale said that her information came from confidential sources who she refused to name, citing New Jersey's reporters' shield law statute.

The trial court held an hearing on applicability of the statue, and ruled on June 30, 2009 that Hale was not protected by New Jersey's newsperson's privilege statute, and had to reveal the sources. In September the court denied a motion to reconsider its ruling, and in March a panel of appellate judges heard her appeal. On April 22, the Appellate Division confirmed, noting that "the fact of presenting information on a new, different medium, even if capable of reaching a wider audience more readily, does not make it 'news,' for purposes of qualifying for the newsperson's privilege. Simply put, new media should not be confused with news media."

Links and Case Documents:
June 30, 2009 Decision: http://www.citmedialaw.org/sites/citmedialaw.org/files/2009-06-30-TMM%20v.%20Hale%20Decision.pdf
http://www.citmedialaw.org/threats/too-much-media-llc-v-hale
http://www.nj.com/news/index.ssf/2009/04/blogger_who_claimed_online_por.html
http://blog.nj.com/jerseyblogs/2009/05/are_bloggers_journalists_too_m.html
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-14/125366610849190.xml&coll=1
N.J. appeals court hears arguments over whether blogger is protected by shield laws, NJ.com, Mar. 2, 2010
Apr. 22, 2010 Decision: http://pdfserver.amlaw.com/nj/Media-a0964-09.pdf

Asia Economic Institute v. Xcentric Ventures LLC

2011-06-03T15:40:00.004-04:00

STATUS: Defendant's motion for summary judgment granted on May 4, 2011

C.D. Cal.: Ripoff Report Gets Another Big 47 USC 230 Win

Technology and Marketing Blog (Eric Goldman)
Keeping alive its truly remarkable winning streak, Ripoff Report got yet another decisive 47 USC 230 victory. This challenge came from Asia Economic Institute (AEI), suing over 6 posts to Ripoff Report from former AEI employees complaining about the work environment. The case raised some eyebrows last summer when the judge gave AEI a chance to plead a RICO claim. That ruling got some plaintiffs excited that a conspiracy theory might finally expose Ripoff Report to liability. No matter, as it turns out, because AEI still lost on summary judgment.
http://blog.ericgoldman.org/archives/2011/06/ripoff_report_g_2.htm

--Opinion: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/54737754/Asia-Economic-Institute-v-Xcentric-Summary-Judgment

See also

--Order Granting In Part Defendants' Motion for Summary Judgment: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/35081047/AEI-v-Xcentric-Summary-Judgment-Ruling

--First Amended Complaint: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/35081088/AEI-v-Xcentric-First-Amended-Complaint

Huon v. Above the Law

2011-05-12T12:27:00.000-04:00

STATUS: Complaint filed on May 6, 2011

N.D. Ill.: Lawyer Sues Legal Blog (Above the Law) for $50M Over Rape Story

Forbes (Blogs)
Getting publicly accused of committing rape is bad enough. Getting publicly accused of committing multiple rapes is considerably worse. Is the difference between the first and the second worth $50 million? That’s how much Chicago attorney Meanith Huon is seeking in damages from Above The Law, a legal-industry gossip blog, and its parent company, Breaking Media. Huon filed suit on May 6 in a federal district court in Illinois, claiming that an erroneous blog post has caused him emotional distress, destroyed his reputation and hurt his ability to find employment.
http://blogs.forbes.com/jeffbercovici/2011/05/11/lawyer-sues-legal-blog-for-50m-over-rape-story/

--Complaint: Huon v. Above the Law
http://docs.justia.com/cases/federal/district-courts/illinois/ilndce/1:2011cv03054/255448/1/

Righthaven LLC v. Choudhry

2011-05-06T14:09:00.006-04:00

STATUS: Defendants’ motion to dismiss, or in the alternative, motion for judgment on the pleadings, or in the alternative, motion for summary judgment was denied and plaintiff's motion to dismiss, or in the alternative, to strike the declaratory relief counterclaim was also denied on May 3, 2011

D. Nev.: Another Defense-Favorable Righthaven Ruling

Technology and Marketing Law Blog (Eric Goldman)
This lawsuit involves the "Vdara Death-Ray" image published in the Las Vegas Review-Journal, which has been the basis of numerous Righthaven lawsuits . . . Choudhry argues that the image appeared on his site as an in-line link (permissible under Perfect 10 v. Amazon) and via an automated process that lacked volition. The court rejects Choudhry's motions for judgment on the pleadings and summary judgment on those points, saying that the judge wants to understand the technology better before ruling on it. On fair use, the court says . . . As a matter of law, the defendant's use doesn't harm Righthaven's market. The latter point is a biggie. The fourth fair use factor is often considered the most important, and the court is treating it as presumptively weighing against Righthaven in all cases. The court is basically doing the same with the transformative nature of the works. If those two considerations automatically weigh against Righthaven in every case, Righthaven will have a tough time defeating any fair use defense.
http://blog.ericgoldman.org/archives/2011/05/another_defense.htm

--Order: Righthaven LLC v. Choudhry
http://www.scribd.com/doc/54552379/Righthaven-v-Choudhry-May-3-Order

See also

--Defendants' Answer and Counterclaim: Righthaven LLC v. Choudhry
http://www.lynnmediagroup.com/righthaven/2011-01-19-pakorg-counterclaim.pdf

--Defendants' Motion to Dismiss: Righthaven LLC v. Choudhry
http://ia700309.us.archive.org/26/items/gov.uscourts.nvd.78188/gov.uscourts.nvd.78188.9.0.pdf

--Complaint: Righthaven LLC V. Choudhry
Not available

Righthaven LLC v. Jama

2011-04-26T11:44:00.004-04:00

STATUS: Summary judgment granted for defendant on April 22, 2011

D. Nev.: Righthaven Suffers Blow in Copyright Crusade

Courthouse News Service
A federal judge blasted Righthaven's copyright-collection business model in a ruling that says an Oregon nonprofit was justified through fair use to post an article by the Las Vegas Review Journal. "[Righthaven's] litigation strategy has a chilling effect on potential fair uses of Righthaven-owned articles, diminishes public access to the facts contained therein, and does nothing to advance the Copyright Act's purpose of promoting artistic creation," U.S. District Judge James Mahan ruled Friday.
http://www.courthousenews.com/2011/04/25/36074.htm

--Decision: Righthaven LLC v. Jama
http://www.courthousenews.com/2011/04/25/Righthaven%20loss%20Nevada.pdf