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Description:
The plaintiffs, Nevyas, Nevyas-Wallace, and Nevyas Eye Associates, brought suit in November 2003 for damages and injunctive relief for defamation and breach of contract for statements about their LASIK eye surgery practice posted online by a former patient, Dominic Morgan. A motion for temporary restraining order was denied in 2003 by the Common Pleas Court in Philadelphia County, and the plaintiffs subsequently also brought suit in federal court when the defendant made further additions to his website. The federal claims were dismissed in 2004. The state court claims proceeded to trial in July 2005, and the trial court granted an injunction in favor of the plaintiffs. On appeal, the Superior Court of Pennsylvania vacated the injunction in March 2007 and remanded the case to the trial court for futher proceedings.
Dr. Nevyas-Wallace performed elective LASIK eye surgery on the defendant Dominic Morgan in 1998. Displeased with the results, Morgan commenced a medical malpractice action against Nevyas-Wallace, Nevyas, and the clinic, Nevyas Eye Associates. Ultimately, the dispute was resolved through arbitration. According to the complaint, Morgan created a website that contained numerous defamatory statements. (Compl. ¶ 17). The plaintiffs contend that they entered into an agreement with Morgan in August 2003 in which Morgan agreed to remove all defamatory material and references to the plaintiffs from the website, and in return the plaintiffs would forego filing suit against him. (Compl. ¶ 20) In November 2003, the plaintiffs discovered a reconstructed website containing what they contend were defamatory statements. (Compl. ¶¶ 21-22).
The plaintiffs filed a petition for a temporary restraining order and preliminary injunction on November 10, 2003, but the motions were denied on November 18, 2003. The case proceeded to a non-jury trial limited to specific performance of the contract on July 26, 2005. The trial court granted an injunction in favor of the plaintiffs on October 19, 2005, forbidding Morgan from mentioning the Nevyases at all on his website.
On appeal, the court found that Morgan did not waive his right to make critical statements in the future and he had specifically reserved the right to update his website. Thus, the Superior Court of Pennsylvania vacated the order granting the injunction and remanded the case to trial court for determination of whether the statements were defamatory and whether the statements posted in November were the same as the statements posted in July 2003. Nevyas v. Morgan, 2007 PA Super. 66.
Related case in federal court: CMLP: Nevyas v. Morgan II (federal lawsuit).