Police Officer’s Facebook Post Criticizing Her Boss Isn’t Protected Speech–Graziosi v. Greenville
Graziosi was a Sergeant of the Greenville Police Department. She alleges she was wrongfully discharged due to comments she posted to Facebook. She posted the following to her page and to the “Elect Chuck Jordan Mayor” page: I just found out…
Facebook Complaints About Boss’s Creepy Hands Can’t Salvage Retaliation/Harassment Claims
DeBord worked for Mercy Health systems. Some five years into her tenure, she wrote several Facebook posts during work hours complaining about her boss, Weaver: [at 900am] Sara DeBord loves it when my boss adds an extra $600.00 on my…
How Doctors Should Respond To Negative Online Reviews (Forbes Cross-Post)
Most businesses have mixed emotions about online consumer reviews, but the doctor community has opposed consumer reviews of their services to an unusual degree. Why? Some possible explanations: Doctors are sensitive about their reputation. Small business owners (including doctors) have…
Should TheDirty Website Be Liable For Encouraging Users To Gossip? (Forbes Cross-Post)
A major Internet Law battle is brewing in the Sixth Circuit federal appellate court in Kentucky. Potentially at stake is the future of the Web 2.0 ecosystem and user-generated content–which is why many of the Internet’s biggest and high-profile companies…
Ill-Advised Student YouTube Video Leads to Conviction For Misusing Computerized Communication System–In re Kaleb K.
Kaleb, a high school student, allegedly created a YouTube video with a rap song about his Spanish teacher that contained “crude and vulgar language” about the teacher. He was found guilty of disorderly conduct and unlawful use of a “computerized…
Facebook Rant Against ‘Arial’ Font Helps Reverse Sex Offender Determination
Another day, another workplace problem due to an off-hours Facebook rant. Doe is a convicted sex offender. He fought the Massachusetts Sex Offender Registry Board’s determination that he needed to register as a level 3 sex offender. As part of…
WhitePages Gets Its Inevitable Section 230 Win–Nasser v. WhitePages
WhitePages.com publishes white pages information (get it?). It obtained and published information from third parties that incorrectly listed Nasser’s phone number as a Comcast phone number. As a result, Nasser got a voluminous number of angry phone calls intended for…
Fake LinkedIn Profile May Cause Trademark Infringement – Avepoint v. Axceler
Avepoint, Inc. v. Power Tools, Inc. d/b/a Axceler, 7:13CV00035 (W.D. Va. Nov. 7, 2013) Avepoint and Axceler are competitors providing “infrastructure management and governance software platforms for Microsoft Sharepoint products and technologies.” Avepoint alleged that Axceler denigrated Avepoint online. Specifically,…
Social Worker’s Facebook Rant Justified Termination — Shepherd v. McGee
Shepherd v. McGee, 2013 U.S. Dist LEXIS 159432 (D. Or. Nov. 7, 2013) Plaintiff Jennifer Shepherd was a child protective services (CPS) caseworker for the Oregon Dept. of Human Services (DHS). She investigated reports of child abuse and made recommendations…
“Wiggin Out” Over a Wig Purchase Dispute Leads to Online Defamation – Sanders v. Walsh
At what point does online mudslinging become actionable defamation? In September, an appellate court in California upheld a wig seller’s liability for defamatory statements made on online forums, focusing on the false factual nature of the claims. Cite: Sanders v….