Internet Defamation Removal Attorneys

Internet Defamation Removal Attorneys

A Blog Focused on Strategies for Deleting Damaging Online Content

Category Archives: Cases & Court Decisions

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Order Requiring Non-Party Yelp to Remove Defamatory Reviews Affirmed by California Appellate Court

Posted in Cases & Court Decisions, Communications Decency Act, Defamation Removal, Yelp
A California appellate court recently affirmed a lower court’s decision to require Yelp to remove three defamatory reviews. The First Appellate District did, however, remand the case to the trial court to narrow the terms of the removal order, which ordered Yelp to also remove potential future reviews. The court determined that the removal order… Continue Reading

Internet Defamation and Anti-SLAPP Laws: A Look Back at the Washington Supreme Court’s 2015 Ruling Invalidating the State’s Anti-SLAPP Statute

Posted in Anti-SLAPP, Cases & Court Decisions, Internet Defamation General, Other Internet Law Issues
In late May 2015, the Washington Supreme Court became the first state to find an anti-SLAPP statute unconstitutional, striking down the rule codified as RCW 4.24.525. At the time (and likely still today), free speech advocates expressed their disappointment in the ruling, believing that the state of Washington would leave media members and others who… Continue Reading

Nev. Jury Awards Internet Defamation Plaintiffs $38.3 Million in Damages for Anonymous Websites

Posted in Cases & Court Decisions, Defamatory Websites, Internet Defamation General
Three-and-a-half years after filing a lawsuit over false allegations comparing him to Bernie Madoff, a federal jury recently awarded a California real estate professional and his company more than $38 million. On February 17, Bradley Cohen—founder and CEO of a Los Angeles-based real estate investment firm, Cohen Asset Management, Inc. (CAM)—and his company were awarded… Continue Reading

Actor Can Proceed With Twitter Defamation Lawsuit, Likely to Unmask Anonymous Twitter User

Posted in Cases & Court Decisions, Identify Anonymous Defamers, Twitter
Actor James Woods is one step closer to unmasking the identity of the unknown Twitter user he sued for $10 million last summer. Last Monday, Judge Mel Recana of the Los Angeles County Superior Court denied the defendant’s Special Motion to Strike. This allows Woods to proceed with his case against defendant John Doe — Twitter user… Continue Reading

Fla. Attorney Wins Judgment, Award of Damages for Online Defamation by Former Client

Posted in Cases & Court Decisions, False Reviews
A Florida appellate court has affirmed a trial court’s judgment and award of $350,000 in damages in favor of a Florida attorney who claimed she had been defamed in online reviews. Ann-Marie Giustibelli, a South Florida family law attorney, had represented Copia Blake in a divorce proceeding against Peter Birzon before Giustibelli and Blake’s attorney-client… Continue Reading

Australian Court: Google Liable as Secondary Publisher in Internet Defamation Case

Posted in Cases & Court Decisions, Defamation Removal, Google, Other Internet Law Issues
Last week, Justice Malcom Blue of the Supreme Court of South Australia ordered Google to pay $100,000 (AUD) in damages (plus interest) in a landmark internet defamation case. Several weeks earlier, the Supreme Court of South Australia handed down an unprecedented judgment against Google in a multi-year legal battle that originally arose out of Ripoff… Continue Reading

Mugshots: Public Interest Versus Privacy Debate, Removal ‘Extortion’

Posted in Cases & Court Decisions, Mugshots, Online Reputation, Other Internet Law Issues
The Sixth Circuit Court of Appeals has agreed to rehear its panel’s decision regarding the release of mugshots under the Freedom of Information Act (FOIA). At issue is whether the mugshots are simply public record, obtainable through FOIA requests, or if there are inherent privacy interests. Mugshots have been historically viewed as public record. But mugshots… Continue Reading

FTC Sues Company Seeking to Prevent Customers’ Negative Online Reviews

Posted in Cases & Court Decisions, False Reviews, Other Internet Law Issues
Last month, the Federal Trade Commission (FTC) filed suit in the Middle District of Florida against two companies and their principals over a “gag” clause aimed at preventing negative reviews. On Sept. 24, 2015, the FTC filed a complaint for permanent injunction and other equitable relief against Roca Labs, Inc., Roca Labs Nutraceutical USA, Inc.,… Continue Reading

Hyperlink to 2012 Article at Issue in Delaware Internet Defamation Case

Posted in Cases & Court Decisions, Internet Defamation General, Other Internet Law Issues
The Delaware Court of Chancery is considering an argument that a hyperlink to an allegedly defamatory article, for purposes of overcoming a statute of limitations defense, constitutes republication. In a September 30 opinion, the court denied defendant Vox Media, Inc.’s motion to dismiss. The Court of Chancy held Vox “failed to carry its burden” of establishing that… Continue Reading

Six-figure Judgment Entered Against Rapper in Instagram Case

Posted in Cases & Court Decisions, Instagram, Internet Defamation General
Internet defamation is generally seen in the context of false statements published on actual websites or in emails. But online defamation also occurs through social media apps – and Instagram is no exception. Back in the spring, we wrote about the issue of Instagram defamation and how to remove defamatory Instagram posts, making note of… Continue Reading

Washington Case Turns on Application of Federal CDA Immunity

Posted in Cases & Court Decisions, Communications Decency Act, Other Internet Law Issues
Last week, the Washington Supreme Court handed down a favorable ruling in a case turning on the application of the federal Communications Decency Act of 1996 – favorable, that is, for those seeking to hold websites accountable for certain harm arising out of content published on their sites. In a 6-3 ruling, the top Washington… Continue Reading

Court: Defamation Plaintiff Must Provide Evidence to Unmask Unknown Avvo.com Poster

Posted in Cases & Court Decisions, Identify Anonymous Defamers, Review Websites
A Washington appellate court offered defamation plaintiffs a friendly reminder last week: if you want to unmask the identity of an unknown internet poster, you better present evidence to back up your defamation claims. In a July 6 opinion, the Court of Appeals of Washington ruled that a Florida attorney failed to provide such evidence… Continue Reading

Pa. Businessman Rich Gorman Wins More Than $3 Million in Damages in Internet Defamation Case

Posted in Cases & Court Decisions, Defamatory Websites, Internet Defamation General
As an experienced internet marketer who found success in the online reputation management industry, Rich Gorman was already well aware of the damage that can be caused by internet defamation.  Then, Gorman said, he became the victim of a series of online reputation attacks himself. Well over a year after the online smear campaign began,… Continue Reading

Supreme Court Rules in Threatening Facebook ‘Rap Lyrics’ Case Elonis v. United States

Posted in Cases & Court Decisions, Facebook, Other Internet Law Issues
The U.S. Supreme Court has overturned the conviction of Anthony Elonis, a Pennsylvania man previously convicted for posting a series of Facebook posts appearing to threaten his now-ex wife and others.  The high court ruled in Elonis v. United States that it was not enough to convict Elonis without consideration of his mental state, in… Continue Reading

Revenge Porn Site Operator Sentenced to 18 years in Calif. County Jail for Identity Theft, Extortion

Posted in Cases & Court Decisions, Other Internet Law Issues, Revenge Porn
Former revenge porn website operator Kevin Bollaert, previously found guilty of 21 counts of identity theft and six counts of extortion, was sentenced to 18 years in jail on Friday. As stated in our February post, California passed an “anti-revenge porn” law in October 2013, which penalizes revenge porn offenders up to six months behind… Continue Reading

Operator of ‘Revenge Porn’ Site Convicted in California

Posted in Cases & Court Decisions, Other Internet Law Issues, Revenge Porn
On Jan. 29, 2015 the FTC announced it had banned a Colorado man from operating “revenge porn” websites.  Just days later, on Feb. 2, a man was found guilty in the San Diego County Superior Court on 21 identity theft counts and six extortion counts in an unprecedented California case. Last Monday, 28-year-old Kevin Bollaert… Continue Reading

Criminal Convictions Upheld in Massachusetts Internet Harassment Case

Posted in Cases & Court Decisions, Cyberbullying, Other Internet Law Issues
On Dec. 23, 2014, the Supreme Judicial Court (SJC) of Massachusetts affirmed a lower court’s ruling against a pair of defendants that harassed their neighbors through, among other means, internet postings.  The Massachusetts couple had been convicted under the state’s criminal harassment statute, G.L. c. 265 § 43A (a). “Where the sole purpose of the defendants’… Continue Reading

U.S. Supreme Court Hears Arguments in Threatening Facebook ‘Rap Lyrics’ Case

Posted in Cases & Court Decisions, Facebook, Other Internet Law Issues
The United States Supreme Court recently heard arguments in a case concerning threatening “rap lyrics” posted to Facebook.  The Supreme Court’s ruling on what constitutes a criminal threat on social media – which is not expected until sometime in 2015 – has potential consequences for the way people express themselves online. Four years ago, a… Continue Reading

Supreme Court of Texas Rules in Favor of Removal of Internet Defamation

Posted in Cases & Court Decisions, Defamation Removal, Internet Defamation General
On Aug. 29, 2014, the Supreme Court of Texas handed down a significant ruling in an internet defamation case.  In Kinney v. Barnes, the court held that authors of defamatory online posts can be required to remove the posts.  However, a permanent injunction restricting future postings of the same or similar statements is an unconstitutional prior… Continue Reading

Arizona Appellate Court: Republication of Alleged Internet Defamation Restarts Statute of Limitations

Posted in Cases & Court Decisions, Internet Defamation General
On Aug. 19, 2014, an Arizona appellate court ruled that republication of allegedly libelous remarks on the internet restarted the clock on the state’s one year statute of limitations for defamation. Specifically, Phoenix’s Arizona Court of Appeals ruled in the case that the defendants’ rebuttals to a pair of Ripoff Report posts allowed plaintiffs to pursue… Continue Reading

Federal Judge: Company May Unmask Anonymous Internet Posters Via Subpoenas

Posted in Cases & Court Decisions, False Reviews, Identify Anonymous Defamers, Other Internet Law Issues
On July 11, 2014, tech news website Ars Technica published a short post about a federal district court judge in Washington who recently granted a company’s request to “unmask” anonymous Amazon.com reviewers and Craigslist posters. Ubervita, LLC is “one of the top sellers of nutritional supplements on Amazon.com,” at least according to the Complaint the… Continue Reading

Sixth Circuit Decision a Reminder of Flawed Communications Decency Act

Posted in Cases & Court Decisions, Communications Decency Act, TheDirty.com
On Monday, the United States Court of Appeals for the Sixth Circuit issued its decision in the Jones v. Dirty World Entertainment case, in which it reversed the lower court judge’s decision in favor of the former teacher and ex-Cincinnati Bengals cheerleader, Sarah Jones.  At trial, a jury awarded Jones $338,000 in damages before the operator… Continue Reading

Case Involving Harmful Anonymous Yelp Reviews Headed to Virginia Supreme Court

Posted in Cases & Court Decisions, False Reviews, Identify Anonymous Defamers, Yelp
Small business owners such as Virginia’s Joe Hadeed recognize the free speech rights of individuals to post negative reviews on Yelp.  But, on the heels of his case heading to the Virginia Supreme Court, Hadeed could not help but ask a reporter, “where’s my right to defend my business?” Hadeed’s case will be heard in… Continue Reading

Judge Orders Philadelphia Media Company to Disclose Identity of Anonymous Commenter

Posted in Cases & Court Decisions, Identify Anonymous Defamers
For several years now, news outlets have grappled with how to civilize the comments sections on their online articles. Some have chosen the path of requiring users to sign in through their Facebook accounts. Others still permit readers to comment anonymously on their websites. (Editor’s note: 21 months after publishing this post, we wrote about online… Continue Reading