Defamation

Whitney Information Network v. Xcentric Ventures

Date: 

01/27/2004

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Xcentric Ventures, LLC; Badbusinessbureau..org; Ed Magedson

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Middle District of Florida; United States Court of Appeals for the Eleventh Circuit

Case Number: 

2:04-CV-47-FtM-34SPC (trial court); 06-11888 (appellate court)

Legal Counsel: 

Maria Crimi Speth; Denise B. Crockett; Michael L. Gore; Jonathan P. Ibsen; James A. Weinkle; Brian J. Stack

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

In January 2004, Whitney Information Network, Inc., a company that provides real estate training programs and seminars, and its CEO Russ Whitney sued Xcentric Ventures, LLC and its founder and managing member, Ed Magedson. Xcentric operates the Ripoff Report website, located at www.ripoffreport.com and www.badbusinessbureau.com, which allows visitors to read and post reports about companies that allegedly have "ripped off" consumers. A number of reports saying derogatory things about Whitney Information Network appeared on the Ripoff Report website. In the original complaint, the plaintiffs alleged that Xcentric and Magedson violated federal and state trademark laws and committed defamation of business reputation (often referred to as "trade libel") by publishing these reports.

In July 2005, the district court dismissed the original complaint, but granted the plaintiffs permission to file an amended complaint. Whitney Information Network re-filed an amended complaint, including only the defamation claim. In the amended complaint, Whitney alleged that Xcentric and Magedson not only published critical reader reports, but edited the complaints to include words like "ripoff" and "scam," and also fabricated certain reports altogether. In February 2006, the court dismissed the amended complaint, reasoning that CDA 230 barred the defamation against Xcentric and Magedson. The Eleventh Circuit Court of Appeals reversed the ruling in March of that year, holding that the allegations that the defendants had altered and fabricated reports were sufficient for Whitney Information to survive a motion to dismiss.

Back in the trial court, the defendants moved for summary judgment, arguing that there was no evidence that they altered or fabricated reports and that CDA 230 thus barred Whitney Information's claim. In February 2008, the court granted the motion for summary judgment, dismissing the amended complaint in its entirety. The court held that Whitney Information had not come forward with any competent evidence to show that Magedson or anyone else working for Xcentric edited or fabricated any reports about it.

The court also rejected Whitney Information's argument that Xcentric and Magedson forfeited the protection of CDA 230 by requiring readers to describe their complaints by choosing from a drop-down menu of tags when submitting a report. The available tags included categories like "con artists," "corrupt companies," and "false advertisements" (which were allegedly applied to reports about Whitney), as well as more neutral terms like "seminar programs," "multi level marketing," "financial services," and "business consulting," just to name a few. The court also rejected the argument that the defendants should lose the protection of CDA 230 because they encouraged and actively solicited defamatory statements from their users.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

See about status

Zoeller v. Josef Silny & Associates

Date: 

02/13/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Josef Silny & Associates, Inc.

Type of Party: 

Individual

Type of Party: 

Organization

Court Type: 

State

Court Name: 

Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida

Case Number: 

2007-004167-CA-01

Publication Medium: 

Wiki

Status: 

Concluded

Disposition: 

Material Removed
Withdrawn

Description: 

Professional golfer Fuzzy Zoeller claimed that someone posted false statements about him on Wikipedia. Zoeller traced the IP address of the unknown author of the statements to a computer at Josef Silny & Associates, a Miami education consulting firm. Zoeller sued the firm for defamation, invasion of privacy, and intentional infliction of emotional distress. He filed the suit anonymously, but media outlets quickly discovered his identity. In the complaint, Zoeller alleged that the Wikipedia entry falsely stated that he had abused drugs and alcohol and mistreated his family.

According to USA Today, the paragraph in question was removed, but the information had been picked up by other websites. The lawsuit said it falsely alleged that Zoeller abused drugs, alcohol and his family.

Zoeller failed to trace the IP address to one specific person, and Josef Silny & Associates repeatedly denied that any of its employees had authored the statements. Several months after filing, Zoeller voluntarily withrew the lawsuit.

Zoeller did not pursue a claim against Wikipedia, and statements from his lawyer to the press indicate a belief that section 230 of the Communications Decency Act barred a lawsuit directly against the online encyclopedia.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

DSA: Looked for name of lawyer who represented the defendant but could not find any mention. 10/9/08

O'Malley v. Karkhanis (Letter)

Date: 

04/18/2007

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Sharad Karkhanis

Type of Party: 

Individual

Type of Party: 

Individual

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Lawsuit Filed

Description: 

Kingsborough Community College/City University New York (KCC/CUNY) emeritus professor Sharad Karkhanis allegedly published defamatory statements about Susan O'Malley, a KCC/CUNY English professor and faculty union representative, in his online newsletter, "The Patriot Returns!!"

Through her lawyer, O'Malley sent Karkhanis a cease-and-desist letter on April 18, 2007. According to the letter, the March 12, 2007 edition of Karkhanis's newsletter contained false and defamatory statements about O'Malley, including allegations that she is obsessed with recruiting and saving the jobs of "terrorists" and doesn't worry about advocating for the rights of "ordinary" adjunct staff. The letter also claimed that prior editions of the newsletter contained "similar defamatory statements." O'Malley demanded that Karkhanis retract his comments about her.

Karkhanis refused to comply, and O'Malley filed suit in December 2007 (see related the related CMLP database entry, O'Malley v. Karkhanis).

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

 

Swartz v. Does: Tennessee Couple Sues Anonymous Author(s) of Local Blog for Defamation and Invasion of Privacy

On Monday, a prominent couple from Old Hickory, Tennessee sued three anonymous defendants for defamation and invasion of privacy over statements appearing on the Stop Swartz blog and craigslist. The plaintiffs, Donald and Terry Keller Swartz, buy and sell a lot of real estate in Old Hickory, and a bit of local political maneuvering on their part seems to have earned them some enemies.

Jurisdiction: 

Content Type: 

Subject Area: 

Swartz v. Does

Date: 

02/11/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

John Does 1-3

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Circuit Court for Davidson County, Tennessee

Case Number: 

08C431

Legal Counsel: 

Stephen Grauberger (for Doe 1)

Publication Medium: 

Blog
Website

Relevant Documents: 

Status: 

Pending

Description: 

In February 2008, Donald and Terry Keller Swartz sued three anonymous defendants for defamation and invasion of privacy in a Tennessee state court. The Swartzes are a prominent couple in Old Hickory, Tennessee, where they buy and restore real estate, manage rental properties, and operate a halfway house for recovering substance abusers. They are also active in local politics and the Old Hickory Village Neighborhood Association.

In September 2007, an anonymous person created the Stop Swartz blog, which criticizes the Swartzes' real estate activties and other aspects of their personal and political lives. According to the Swartzes' complaint, the blog's author (Doe #1) and an anonymous accomplice (Doe #2) posted false and defamatory statements about them on the blog, including statements accusing them of committing arson, evicting renters "without a moments notice," and failing to record property sales in a local registry. Additionally, the complaint alleges that Does #1 and #2 invaded Terry Keller Swartz's privacy by re-publishing a statement posted anonymously on Craigslist.org (by Doe #3) that revealed that she was an "ex-addict."

Finally, the Swartzes claim that a posting on Stop Swartz invaded their privacy by encouraging readers to stalk them. According to the complaint, the post read:

When you see a Swartz, no matter how trivial it may seem, leave a comment. Extra points if you observe them outside the village. This serves two purposes: First, it helps us all to keep tabs on Don and Terry and to know what they are up to. Second, it sends a clear message to Don and Terry that their actions are not being ignored . . . . We will tolerate their crap no longer.

The complaint requests an unspecified amount of of compensatory and punitive damages. The Swartzes' lawyer told Tennessean.com that he intends to subpoena Google -- the owner of Blogger, which hosts Stop Swartz -- to uncover the identity of the blog's author.

Update:

09/18/08 - John Doe 1 moved to quash a subpoena the Swartzes issued to Google, Inc. seeking the identity of the anonymous blogger behind Stop Swartz.

11/3/08 - The Swartzes responded to the motion to quash.

3/13/09 - The court heard oral argument on the motion to quash and ruled that it would follow the standard set forth in Dendrite International v. Doe, 775 A.2d 756 (N.J. App. Div. 2001) and cited with approval in  Independent Newspapers, Inc. v. Brodie, 2009 WL 484956 (Md. Feb. 27, 2009). The court gave the Swartzes permission to amend their complaint and instructed John Doe 1 to file a motion to dismiss the complaint and/or to have the court perform First Amendment balancing under Dendrite. (A video of the hearing is available here.)

5/27/09 - Doe filed a motion to dismiss and to balance First Amendment rights.

08/13/09 - Swartz filed a response to the motion.

10/08/09 - The court granted in part and denied in part Doe's motion to dismiss and denied Doe's motion to quash.  The court also ruled that the issue was appropriate for interlocutory appeal.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Status checked on 6/9/2008, no new information. (AAB)

Docket information available on Westlaw

Jones v. WorldNetDaily

Date: 

04/01/2001

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

WorldNetDaily.com, Inc.; Charles C. Thompson II; Tony Hays; Center for Public Integrity; Ron Shank; Savannah Journal; Larry Brinton; Landmark Television of Tennessee/News Channel 5 Network; Charlotte Alexander; Decatur County Chronicle, L.L.C.; Rebec

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Circuit Court of Hardin County, Tennessee; Tennessee Court of Appeals; Tennessee Supreme Court

Case Number: 

No. 3414 (trial court)

Legal Counsel: 

Larry Parrish (WND); Sam Cole (Thompson and Hays)

Publication Medium: 

Broadcast
Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Settled (total)

Description: 

Tennessee businessman Clark Jones sued WorldNetDaily.com, a socially conservative news and opinion website, and freelance reporters Charles C. Thompson II and Tony Hays for defamation in Tennessee state court, after WorldNetDaily.com published an article written by Thompson and Hays claiming that Jones had interfered with a criminal investigation, had been the subject of a law enforcement investigation into illegal drug trafficking, and was or had been involved in other criminal activities.  2d Am. Cmplt. ¶ 18.  Clark also sued the Center for Public Integrity, which had underwritten Thompson and Hays' reporting on the article and related investigative pieces, as well as other publications and broadcasters who repeated the claims made in the article.

During the course of the litigation, a Tennessee appeals court held that WorldNetDaily.com could not rely on statements of anonymous sources to make out its defense of truth without revealing the identity of those sources.  The Tennessee Supreme Court refused to hear the issue because WorldNetDaily.com did not take a proper appeal.

The parties settled out of court for an undisclosed sum in 2008.  As part of the settlement, the parties issued a joint statement, which said in relevant part:

Discovery has revealed to WorldNetDaily.com that no witness verifies the truth of what the witnesses are reported by authors to have stated. Additionally, no document has been discovered that provides any verification that the statements written were true.

Factual discovery in the litigation and response from Freedom of Information Act requests to law enforcement agencies confirm Clark Jones' assertion that his name has never been on law enforcement computers, that he has not been the subject of any criminal investigation nor has he interfered with any investigation as stated in the articles. Discovery has also revealed that the sources named in the publications have stated under oath that statements attributed to them in the articles were either not made by them, were misquoted by the authors, were misconstrued, or the statements were taken out of context.

WorldNetDaily.com and its editors never intended any harm to Clark Jones and regret whatever harm occurred. WorldNetDaily.com has no verified information by which to question Mr. Jones' honesty and integrity, and having met him, has no claim or reason to question his honesty and integrity. WorldNetDaily.com wishes him well. (source)

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Worth noting that this is a case in which the court had said that WorldDailyNet could not use the statements of anonymous sources as part of a truth defense -- or, basically, that WDN would need to identify their sources if they wanted to present a truth defense. {MCS}

Priority: 

1-High

Difrawi v. Henderson

Date: 

11/21/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Les Henderson; Daniel Bruce Scalf a.k.a. Frank Torelli; Jeremy Scalf; Conrad Longmore; John Doe 1 a.k.a. Klass Devries; John Doe 2 a.k.a. Dilly McGilly; John Doe 3 a.k.a. Scooper Joo; John Doe 4 a.k.a. www.easybackgroundcheck.com; John Doe 5 aka www.

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Middle District of Florida

Case Number: 

6:07-CV-1854

Legal Counsel: 

Les Henderson (pro se), Daniel Bruce Scalf (pro se)

Publication Medium: 

Blog
Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (partial)

Description: 

In November 2007, Internet Solutions Corporation and its President and Director Ayman Difrawi (a.k.a. Alec Difrawi) sued Les Henderson, Daniel Bruce Scalf, Jeremy Scalf, Conrad Longmore, and a number of anonymous defendants for defamation, false light invasion of privacy, and other torts. The plaintiffs subsequently amended the complaint, dropping Longmore from the lawsuit. Henderson and certain other defendants operate websites aimed at increasing consumer awareness about Internet scams and so-called "phishing" activities.

The complaint, filed in federal court in Florida, alleges that the defendants published false and misleading statements about Difrawi and Internet Solutions on a variety of websites and other fora, including comments to the "Money Talk" blog on Tampabay.com. According to court documents, the defendants accused Difrawai of engaging in "on-going criminal activity in the performance of his marketing and consultant business" and suggested that "[Internet Solutions Corporation's] business interests are all fraudulent based on any association or business relationship with Difrawi," among other things.

Henderson and Daniel Bruce Scalf, who are representing themselves, filed separate motions to dismiss the complaint for lack of subject-matter jurisdiction and personal jurisdiction. These motions are currently pending.

Update:

5/1/2008 - Judge ordered Difrawi to show cause why Jeremy Scalf and John Does 1-5 should not be dismissed from the lawsuit.

5/20/2008 - Judge dismissed Jeremy Scalf and John Does 1-5 without prejudice based on Difrawi's apparent lack of prosecution and failure to serve defendants in a timely fashion.

1/21/2009 - Case referred to mediation

5/28/2009 - Mediation set to begin Sept. 1, 2009.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

User submitted (email)

Status checked on 6/3/2008 (AAB)

Updated 1/22/09 - VAF

Updated 6/17/09 - CMF

Boothe v. Brent Hanson

Date: 

05/09/2005

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Brent Hanson

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

District Court of Collin County, Texas

Case Number: 

219-86-05

Verdict or Settlement Amount: 

$1,500.00

Legal Counsel: 

M. Jason Ankele (defamation proceedings); pro se (contempt proceedings)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Injunction Issued
Settled (total)

Description: 

Brent Hanson, who operated a website focused on laser eye surgery called LasikFraud.com, posted allegedly defamatory material about Dr. Boothe, a refractive surgeon, essentially calling Dr. Boothe a quack and accusing him of botching surgeries. After Dr. Boothe sued Hanson, the parties settled the suit on January 31, 2005, with Hanson agreeing to a permanent injunction that required him to remove the offending allegations from his website and to delete all his digital content relating to Dr. Boothe, and restraining him from repeating the allegations elsewhere.

After the suit was over, Hanson apparently violated the injunction against him by posting more information about Dr. Boothe on different websites ("LasikQuack.com" and "LasikQuack.org"). Counsel for Boothe hired a computer forensics expert, who testified that Hanson controlled these websites, and attempted to conceal this fact by using eGold cards and offshore web hosting. The Texas court found that Hanson had breached the terms of the permanent injunction and was guilty of contempt. Hanson was fined $1,500 and sentenced to serve 540 days of jail time.

The jail term was suspended for 18 months on the condition that Hanson: comply with the permanent injunction; allow Boothe's representatives to enter his home and inspect his computers to check up on his compliance; refrain from erasing material from his computers (other than in the ordinary course of business); and withdraw any complaints against Boothe with government agencies (unless a court orders that he has a reasonable chance of success).

The court also ordered that all Internet service providers, domain name registrars,
web site administrations, search engines, UseNet Groups, computer message boards, webhosting companies, e-mail service providers, electronic currency companies, and other providers of electronic communications services or remote computing services and expressly including Google, Inc., DSLReports.com, BroadbandReports.com, and Yahoo!, and their respective corporate affiliates, to remove all links to LasikQuack.com, LasikQuack.net, and LasikQuack.org, as well as all text associated with those links, including any cached copies.

Jurisdiction: 

Content Type: 

Subject Area: 

Colin Farrell v. Gonzales

Date: 

01/29/2008

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

David Gonzales

Type of Party: 

Individual

Type of Party: 

Individual

Publication Medium: 

Blog

Status: 

Concluded

Disposition: 

Material Removed

Description: 

David Gonzales, a freelance writer who blogs on the TheBadandUgly and Read It or Don't, received an email from a "legal representative" for Irish actor Colin Farrell alleging that a post he had written about the actor was defamatory. In his post describing the threat, Gonzales did not mention the content in his orginal post, nor did he reproduce the letter.

The original post is no longer available and it appears that Gonzales removed the post in reponse to the email threat.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Jill Button editing

Judge Reduces Verdict in Snyder v. Phelps, Westboro Baptist Church Still on the Hook for $5 Million

Earlier this week, a federal District Court judge in Maryland more than halved a $10.9 million jury verdict against the Westboro Baptist Church, a fundamentalist Christian church in Kansas, and three of its leading members. Among other things, the church publishes a website at "www.godhatesfags.com" and advocates the view that God kills U.S. soldiers in Iraq and Afghanistan as punishment for America's tolerance of homosexuality. Westboro Baptist has gained notoriety in recent years for staging protests at the funerals of U.S.

Jurisdiction: 

Subject Area: 

Krinsky v. Doe 6: New Decision from California Provides Strong Protection for Anonymous Speech

A California appellate court issued a new anonymity decision yesterday in Krinsky v. Doe 6, H030767 (Cal. Ct. App. Feb. 6, 2008). (For background on the facts of the case, see the CMLP database entry, Krinsky v.

Jurisdiction: 

Content Type: 

Subject Area: 

Krinsky v. Doe 6

Date: 

01/01/2006

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Does 1-10

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of California, Santa Clara County; Court of Appeal of the State of California - Sixth Appellate District

Case Number: 

1-06-CV-059796 (trial level); H030767 (appellate level)

Legal Counsel: 

Arlene Fickler, Lawrence T. Hoyle, Jr., Barry W. Lee, Amy B. Briggs

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Subpoena Quashed

Description: 

Lisa Krinsky, the former president, chief operating officer, and chairman of the board of SFBC International, Inc., a Florida company, sued ten anonymous defendants over comments about her posted to a Yahoo! message board. According to court papers, the anonymous forum posters made "scathing verbal attacks" against SFBC, Krinsky, and fellow corporate officers. (For juicy details, see Ars Technica's article on the case.)

Krinsky filed a lawsuit in Florida state court in January 2006 (the exact date is uncertain), alleging defamation and intentional interference with contractual relations. She served a subpoena on Yahoo! in California, seeking the identities of the anonymous forum posters. After Yahoo! notified the posters, one of them -- Doe 6 -- filed a motion to quash the subpoena in California state court. The court denied the motion to quash, noting (quite strangely) that Doe 6's conduct "appeared to be similar to federal cases involving "'pump and dump' stock manipulation efforts," although no claim to that effect was in Krinsky's complaint.

In February 2008, a California appellate court reversed the lower court's ruling. It held that Internet users have a First Amendment right to engage in anonymous speech, but this right must be balanced against a plaintiff's legitimate interest in pursuing a valid legal claim based on constitutionally unprotected speech, such as defamation. In striking this balance, the court rejected the "good faith" standard applied in In re Subpoena Duces Tecum to America Online, 2000 WL 1210372 (Vir. Cir. Ct. Jan. 31, 2000), indicating that this test "offers no practical, reliable way to determine the plaintiff's good faith and leaves the speaker with little protection." The court also declined to apply the test devised in Doe v. Cahill, 884 A.2d 451 (Del. 2005), arguing that the "summary judgment" terminology used in that case is "unnecessary and potentially confusing."

Instead, the court adopted a test that requires a plaintiff to make a "prima facie showing" that he or she has a valid legal claim against the anonymous speaker before allowing disclosure of the speaker's identity. The court made it clear that a prima facie showing required Krinsky to bring forward evidence (not just allegations) to support each element of her defamation and interference with contract claims, except for those elements that were beyond her control or dependent on the identity of the defendant.

Applying this standard, the court held that Krinsky had not made a prima facie showing on her defamation claim because the message board comments, viewed in context, constituted opinion protected by the First Amendment rather than statements of fact about Krinsky. The court further held that Krinsky could not make a prima facie showing on her interference with contract claim because this claim was based on the same constitutionally protected opinion.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

needs to be updated - what happened back in the trial court? is it over?

Status checked on 6/5/2008, no new information (AAB)

Hollo v. Lechuga

Date: 

01/18/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Lucas Lechuga; Esslinger-Wooten-Maxwell, Inc. d/b/a EWM Realtors

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida

Case Number: 

2008-003086-CA-01

Legal Counsel: 

Pro se (for Lechuga); Joshua D. Lerner - Rumberger, Kirk & Caldwell (for Esslinger Wooten Maxwel Inc)

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Description: 

In January 2008, Florida property developer Tibor Hollo and his company Opera Tower, LLC, sued Lucas Lechuga, a 29-year-old Miami realtor, and Lechuga's former employer, EWM Realtors, for defamation.

According to the complaint, Lechuga published statements on his blog, "Miami Condo Investments Blog," indicating that Hollo went bankrupt in the 1980s , asserting that Hollo's company was delaying closings on its condominium project, and predicting that the project was going to have a "high default rate."

The complaint alleges that EWM Realtors is liable for Lechuga's defamatory statements because he was acting as EWM's agent while writing his blog. To support this, Hollo claims that there were "extensive links" from Lechuga's blog to the EWM website, and that Lechuga identified himself as an EWM real estate agent. According to the Miami Herald, EWM has fired Lechuga and distanced itself from his comments.

Hollo and Opera Tower seek a total of $25 million in damages.

UPDATE: On 01/06/2009 the court granted an order of dismissal for both defendants. 

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Status checked on 6/5/2008, case seems to be moving ahead according to WL docket search, but documents aren't accessible.  (AAB)

AVM 6/12/09 - case is closed on order of dismissal but can't get to the documents. 

Nam Tai v. Doe

Date: 

01/26/2001

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

John Does

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court for the State of California, County of Los Angeles; Circuit Court of Loudon County, Virginia; Virginia Supreme Court

Case Number: 

No. 012761 (Va. Sup. Ct.)

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Concluded

Disposition: 

Subpoena Enforced

Description: 

Nam Tai Electronics, Inc., a Hong Kong-based electronics company, sued 51 "John Doe" defendants in California state court for libel, trade libel, and violations of California's unfair business practices statute.  The lawsuit revolved around negative comments about Nam Tai posted to a Yahoo! message board pertaining to Nam Tai. 

After filing the complaint, Nam Tai obtained a subpoena in California directing Yahoo! to disclose its subscriber data (IP address) for "scovey2," one of the anonymous forum posters.  Based on this information, Nam Tai determined that "scovey2" obtained his Internet access through AOL.   Nam Tai then obtained a "commission" for out-of-state discovery from the California court to depose AOL's custodian of records in Virginia, in order to seek identifying information for "scovey2."  Nam Tai asked a Virginia state trial court to issue a subpoena, and AOL moved to quash the subpoena. 

The trial court denied AOL's motion to quash, concluding that it would enforce the California "commission" and reasoning that First Amendment concerns implicated by the libel and trade libel claims were not implicated by the California unfair business practices claim.  The Supreme Court of Virginia affirmed, relying heavily on the principle of "comity" (that is, the respect states extend to the judgments of other states).  

The record is not clear regarding what happened in California court after the poster's identity was revealed.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Priority: 

1-High

Legal Protections for Anonymous Speech in Arizona

Note: This page covers information specific to Arizona. For general information concerning legal protections for anonymous speech see the Legal Protections for Anonymous Speech section of this guide.

In both cases where Arizona courts have considered attempts to unmask an anonymous online speaker, Arizona courts have applied tests that are highly protective of anonymous speech. The two cases are discussed below:

Pages

Subscribe to RSS - Defamation