Category: INTERNET DEFAMATION LAW

A Vodka Online Defamation Case with a Twist

Posted on May 8, 2012 by Internet Lawyer

Our mixed cocktail of defamation woe begins in 2008. Business partners Christine Cooney and Jean-Denis Courtin manufactured and distributed a quinoa-based vodka, selling it as Qino One Vodka. Cooney was a spirits specialist and Courtin was a French restaurateur. A business dispute resulted in Courtin, represented by attorney Kelly Cartwright, filing suit against Cooney and her husband Daniel. A weekly publication, the Chicago Reader, published an article about the origin of Qino One in January 2009. It titled the article “Seeds of Change” and published it on the Chicago Reader’s website in a section that invites readers’ comments. So far, nothing is out of order. Open Mouth, Insert Foot Allegedly, Daniel Cooney, upon seeing the article in February, felt compelled to post a comment claiming his rights to ownership of the Qino One Vodka product. In his comments, he described ...

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Defamation Plaintiff Arrested for Having Sex with a Student

Posted on May 2, 2012 by Internet Lawyer

In a bizarre postscript to a high profile defamation case, Sarah Jones, a high school English teacher and the current captain of the Cincinnati Bengals cheerleading squad, has been indicted for having sex with a high school football player. Police claim that Jones had four or five sexual encounters with the student, and that she sent him numerous inappropriate text messages. Jones’ mother, who is the principal of the school, has been accused of tampering with evidence to protect her daughter. Both Jones and her mother claim complete innocence. Jones subsequently resigned her position at the school but is still officially the captain of the cheerleading squad. A spokesperson for the Bengals said the team would not take any action until further information was available. Jones first attracted national attention when she filed a defamation lawsuit against Nik Richie, founder ...

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Libel Tourism: Is It Almost Done For Good?

Posted on April 25, 2012 by Internet Lawyer

While we publicly grapple with online privacy and intellectual property legal issues on this side of the pond, our English-speaking brethren on the other side are engaged in a hot debate over defamation law and libel tourism. Donning a very distinguished name, if passed, the Lord Lester of Herne Hill’s draft defamation bill will significantly alter libel and slander laws in England and Wales. Journalists will have more freedom to publish parody and “irreverent criticism” without fear of a costly defamation lawsuit; “convenience test” standards will be stricter, thus making it harder for wealthy entities to file claims for little cause; and perhaps of most import to US citizens, the proposed bill with most likely eradicate UK libel tourism. What Is Libel Tourism? Some people shop for jewelry and others for jurisdictions. The act of filing a defamation lawsuit in ...

Posted in Internet Defamation Law | Tagged Defamation, First Amendment, Free Speech, International Internet Law, Internet Defamation | Leave a comment

Defamation Lawsuit Dismissed Thanks To Anti-SLAPP Legislation

Posted on April 4, 2012 by Internet Lawyer

Defamation Lawsuit Dismissed Under Washington Anti-SLAPP Statute Seattle-based lawyer review website, AVVO.com, recently emerged victorious in an online defamation lawsuit filed by Florida lawyer, Larry Joe Davis, Jr. One of the first cases to fall under Washington state’s relatively new Anti-SLAPP statute, Davis v. AVVO barely got started before it was shot down. AVVO.com: Online Review Site Being Sued For Defamation A well-trafficked online portal, AVVO.com is half expert-answer database, half professional rating site. Consumers can head to AVVO and research a legal question, and they can also access the site’s extensive professional-ratings database of lawyers, doctors and dentists in the United States. According to their website, “Avvo pairs an expert-only Q&A forum with the largest online directory of rated health and legal professionals to empower you with the information you need to confidently make the right decisions about your ...

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Crystal Cox Defamation Lawsuit: Blogger Denied Journalistic Protection And Rights

Posted on April 4, 2012 by Internet Lawyer

A judge presiding over the well-publicized Oregon defamation lawsuit involving Crystal Cox recently ruled against the self-styled, self-published investigative blogger. Cox was ordered to pay $2.5 million in damages and the decision has stirred online First Amendment crusaders. The Crystal Cox Defamation Lawsuit Background A self-described investigative blogger and whistle blower, Crystal Cox is a real estate agent by day and Internet vigilante by night. Among her cadre of websites was obsidianfinancialsucks.com, an outlet Ms. Cox used to accuse Kevin Padrick — one of Obsidian’s founding executives — of fraud, misappropriation of funds, lie telling, and a litany of other unscrupulous actions. Cox even insinuated Padrick may have hired an assassin to silence her. As a result of her online accusations, Mr. Padrick decided to sue for defamation. He maintained his company lost considerable business thanks to Ms. Cox’s allegedly ...

Posted in Internet Defamation Law | Tagged Blogging, Defamation, First Amendment, Free Speech, Internet Defamation, online defamation, Online Reputation, Reputation Management | Leave a comment

Defamation Lawsuit: Chef Ramsay vs. Restaurateur Lavy

Posted on March 28, 2012 by Internet Lawyer

Defamation lawsuit alert! Reality chef extraordinaire, Gordon Ramsey, is once again embroiled in a legal fracas. Unlike the lawsuit he recently settled — and ponied up $83,000 for — this time “Chef” is the one doing the suing. What’s got him hotter than a brick oven? Allegedly defamatory statements made by one of his Montreal-based business partners, Danny Lavy. Cause for the $2.4 Million Dollar Defamation Lawsuit By now, we all know the way the celebrity restaurant machine works: Well-known, master chefs lend their name and a few recipes to a restaurant, which brings in the patrons. Judging from reports, it seems Ramsay and Lavy made a similar deal. Ramsay would lend his name to Lavy’s kitchen, and the former Laurier BBQ would become Laurier Gordon Ramsey. Here’s where things diverge. Gordon Ramsey insists the deal he signed with Lavy ...

Posted in Internet Defamation Law, Uncategorized | Tagged Defamation, International Internet Law, Reputation Management | Leave a comment

Defamation Lawsuit Rocks Syracuse University Athletic Department

Posted on March 19, 2012 by Internet Lawyer

Last week, attorneys representing Syracuse University men’s basketball coach, Jim Boeheim, argued for the dismissal of a suit recently filed by two former ball boys. The ball boys have filed charges alleging that they were sexually abused by a former assistant Syracuse University men’s basketball coach, Bernie Fine. Jim Boeheim has stated that the sexual abuse allegations are merely the result of opportunism in the wake of the recent Penn State football sexual abuse scandal. Boeheim’s lawyers state that the coach’s comments were merely an opinion and are protected by the constitution. Lawsuit Background The two ball boys worked with Syracuse University during the 1980’s. Bobby Davis, who is now 40, and his 45 year old stepbrother, Michael Lang, allege that Fine repeatedly touched them sexually while they were working as ball boys for the basketball team. Fine contends he ...

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Cyberbullying Laws

Posted on March 8, 2012 by Internet Lawyer

Bullying is not a new phenomenon. Truth is, most people are victims of bullying at some point in their lives, be it at school, the office or social gatherings. And thanks to the Internet, online bullying has also become a serious problem. Online harassment is commonly referred to as cyberbullying. Victims of cyberbullying may not suffer from physical harm, but the mental fatigue caused by Internet harassment is often more severe than the effects of traditional bullying. What Are the Cyberbullying Types? Cyberbullying can be carried out via instant messengers, chat rooms, discussion forums and emails. Since the cyberbullying problem has grown exponentially, experts have delineated five different types of online harassment. Cyberstalking: Victims of cyberstalking receive harsh and annoying messages repeatedly, either on their mobile phones, through the Internet or by email. The messages can be intimidating and may ...

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Online Comments of Anonymous Website Users Reviewed in Appeals Court

Posted on March 5, 2012 by Internet Lawyer

A recent court case in Indiana has brought into question a number of privacy issues when it comes to anonymous online activity. In this case, a potentially defamatory comment was left by an anonymous user on the Star website. The comment suggested that Jeffrey Miller, the former head of Junior Achievement of Central Indiana, and perhaps others on the board, had misappropriated funds into their own bank accounts. This comment was posted by a user with the handle “DownWithTheColts.” Although the Star may be able to find personally identifying information about this individual based on his IP address, the publication refused to provide it to the court, citing the individual’s anonymous speech rights under the First Amendment. This case calls into question the ability of laws originally created for offline situations to govern or apply to situations that occur on ...

Posted in Internet Defamation Law | Tagged Defamation, First Amendment, Free Speech, Internet Defamation, online defamation | Leave a comment

The Privacy Tort of False Light Explained By An Internet Lawyer In Plain English

Posted on February 22, 2012 by Internet Lawyer

Believe it or not, The United States Constitution doesn’t mention “privacy” once; but that doesn’t mean invasion of privacy isn’t protected. After all, the fourth amendment guards against unreasonable search and seizures, and the ninth amendment ensures that arguably inalienable rights not explicitly mentioned in the Constitution, are also protected. As such, many states have False Light invasion of privacy laws on the books. As a private citizen, you have a right to protect yourself from unflattering and unwanted publicity. The legal concept is known as “False Light.” And as we collectively continue to travel down this wi-fi, Internet-obsessed road we’re on, expect to see more false light lawsuits hitting the courts. What Is False Light? False light is a privacy tort often confused with defamation. In fact, some jurisdictions think the two are so similar they’re lumped together under ...

Posted in Internet Defamation Law, Online Privacy Law | Tagged Defamation, False Light, First Amendment, Free Speech, Internet Defamation, online defamation, Online Privacy Laws, Online Reputation, Reputation Management | Leave a comment

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