Texas Ruling Shows the Benefits We’d Get From a Federal Anti-SLAPP Law–American Heritage Capital v. Gonzalez
By Eric Goldman American Heritage Capital, LP v. Dinah Gonzalez and Alan Gonzalez, No. DC-11-13741-C (Texas District Court April 13, 2012). The amended complaint. The defendant’s anti-SLAPP motion. This may be the first application of Texas’ new anti-SLAPP law to…
What Do Soymilk and Nutella Have to Do With an Online Harassment Case?–Taylor v. Texas
By Eric Goldman Taylor v. State, 2012 WL 955383 (Tex. App. Ct. March 22, 2012) In service of you, the reader, I read a lot of cases to find the ones worth blogging. Inevitably, some of those cases are gross….
Facebook Posts Complaining About Supervisor Conduct do Not Support Retaliation Claim – DeBord v. Mercy Health System
[Post by Venkat Balasubramani] DeBord v. Mercy Health System of Kansas, Inc., 10-4055-SAC (D. Kan.; Mar. 20, 2012) DeBord worked in Mercy Health Systems’ radiology department for approximately five years. She had a supervisor (Weaver) who the court describes as…
Lawsuit Against Avvo for Lawyer’s Profile Dismissed as SLAPP–Davis v. Avvo
By Eric Goldman Davis v. Avvo, 2:11-cv-01571-RSM (W.D. Wash. March 28, 2012). Avvo’s post when the lawsuit was initially filed. Florida lawyer Larry Joe Davis, Jr. claimed that his Avvo profile misrepresented his practice. He sued Avvo in Florida for…
Suspension for Facebook/YouTube Rap Video Critical of High School Coach Does not Violate First Amendment – Bell v. Itawamba County School Board
[Post by Venkat Balasubramani] Bell v. Itawamba County School Board, 11CV00056-NBB-DAS (N.D. Miss.; Mar. 15, 2012) [.pdf] Bell posted a rap video while he was a senior at Itawamba Agricultural School. The video, which was shared which over 1300 of…
Another Newspaper Isn’t Liable for User Website Comments Per 47 USC 230–Spreadbury v. Bitterroot Library
By Eric Goldman Spreadbury v. Bitterroot Public Library, 2012 WL 734163 (D. Montana March 6, 2012). Magistrate’s Findings and Recommendations from November 2011 (Spreadbury v. Bitterroot Public Library, 2011 WL 7462038 (D.Mont. November 30, 2011). The Justia page. It’s not…
Jan.-Feb. 2012 Quick Links, Part 3 (Defamation/Content Regulation Edition)
By Eric Goldman Defamation * McKee v. Laurion, No. A11-1154 (Minn. App. Ct. Jan. 23, 2012) The appeals court revived a doctor’s defamation lawsuit over online criticism. Prior blog post on doctors’ lawsuits over online criticism. * Schimmel v. YouTube,…
Fake Political Attack Video Doesn’t Violate Lanham Act–Ron Paul v. Does
By Eric Goldman Ron Paul 2012 Presidential Campaign Committee, Inc. v. Does, 3:12-cv-00240-MEJ (N.D. Cal. March 8, 2012) The Doe Defendants registered the alias “NHLiberty4Paul” at YouTube and Twitter and posted a YouTube video attacking Jon Huntsman. The video ends…
Wikipedia Edits Support Defamation Claim–Pitale v. Holestine
By Eric Goldman Pitale v. Holestine, 2012 WL 638755 (N.D. Ill. Feb. 27, 2012) Given the size and scale of its database, it’s remarkable that we don’t see more US defamation lawsuits filed (rather than just threatened) over Wikipedia entries….
Facebook, Google and Lexis-Nexis Get 47 USC 230 Immunity in a Bizarre Case Involving a Missing Sex Toy–Gaston v. Facebook
By Eric Goldman Magistrate ruling: Gaston v. Facebook, Inc., 2012 WL 629868 (D. Or. February 2, 2012) Judge’s approval of the magistrate’s ruling: Gaston v. Facebook, Inc., 2012 WL 610005 (D. Or. February 24, 2012) Kanal V. Gaston went on…