Ex-Lover Can Use Non-Disparagement Provision to Suppress Revenge Porn–Walls v. Klein
[Post by Venkat Balasubramani] Walls v. Klein, 2013 Tex. App. LEXIS 2462 (Tx. Ct. App. 4th Dist. Mar. 13, 2013) Walls and Klein were in a romantic relationship that soured. The parties volleyed legal threats but ultimately entered into a…
First Amendment Protects Online Republication of Court Records–Nieman v. VersusLaw
By Eric Goldman Nieman v. VersusLaw, Inc., 2013 WL 1150277 (7th Cir. March 19, 2013) [As I mentioned in my prior post about the case, the plaintiff has made legal threats against me for the same conduct discussed in this…
Resetting One of the Longest Running Cyberbullying Cases–DC v. RR (Guest Blog Post)
By Guest Blogger Sruli Yellin [Eric’s introduction: In the course of blogging over the past 8+ years, I’ve read hundreds or even thousands of cases. This case ranks in my top 1% of most interesting and memorable cases. Today, we’d…
Building Owner Can’t Discover the Identity of Tenant Who Writes Bashing Yelp Review (Forbes Cross-Post)
By Eric Goldman Brompton Building, LLC v. Yelp!, Inc., 2013 IL App (1st) 120547-U (Ill. App. Ct. Jan. 31, 2013) Battles over online anonymity aren’t new, and we’ve made a lot of progress clarifying the legal rules. Usually, when a…
Telephone Consumer Protection Act Case Update – February 2013 Edition
[Post by Venkat Balasubramani] Birchmeier v. Econ. Strategy Group, 12 C 4069 (N.D. Ill. Dec. 28, 2012): This was a putative class action filed against Economic Strategy Group and Caribbean Cruise Line. Plaintiff alleges that defendants made calls to their…
Facebook Entry and Blog Post May Support Retaliation Claim – Stewart v. CUS Nashville
[Post by Venkat Balasubramani] Stewart v. CUS Nashville (Coyote Ugly), 3:11-cv-0342 (M.D. Tenn. Feb. 6, 2013) This is a Fair Labor Standards Act lawsuit brought against Coyote Ugly. Among other things, plaintiffs argued that defendants engaged in an illegal tip-pooling…
Yelp Defeats Legal Challenge to Its User Review Filter (Forbes Cross-Post)
By Eric Goldman Demetriades v. Yelp, Case No.: BC484055 (Cal. Superior Ct. Jan. 25, 2013). Some supporting documents: * Yelp’s anti-SLAPP motion to strike * Demetriades’s opposition * Yelp’s reply Yelp ($YELP) uses an automated review filter to suppress some user reviews…
What Should We Do About Revenge Porn Sites Like Texxxan? (Forbes Cross-Post)
Periodically, a new controversy springs up about a website that encourages users to post anti-social or distasteful content. A few years ago it was sites like JuicyCampus or People’s Dirt that requested users to gossip about each other; followed by…
Doctor Loses Defamation Case Over Online Remarks–McKee v. Laurion
By Eric Goldman McKee v. Laurion, A11-1154 (Minn. Jan. 30, 2013) Dr. McKee treated Kenneth Laurion. Unhappy with those interactions, Kenneth’s son Dennis critiqued Dr. McKee on various doctor review websites. Dr. McKee sued Dennis for defamation (and related claims)…
Another Employee Behaves Badly on Social Media. Really, You “Can’t Make This Up.” — In re Palleschi
[Post by Venkat Balasubramani with a comment from Eric] Palleschi v. Cassano, 2013 WL 322573 (N.Y. App. Div. Jan. 29, 2013). The trial court decision. Someone calls 911 complaining of a “gynecological emergency.” A fire dept. employee, an emergency medical…