Business Torts › Constitutional Law › Communications & Media Law

Naffe v. Frey, et al.

Ruling DISMISSING Complaint under FRCP 12(b)(1) and Section 1983 claim under FRCP 12(b)(6) with Prejudice, etc.

Per Kenneth White, blogger at Popehat.com: http://www.popehat.com/2013/04/19/victory-for-blogger-patterico-in-free-speech-case/ : "Patrick Frey, also known as Patterico, has been living under the cloud of a frivolous,...more

Boarding School Review, LLC v. Delta Career Education Corp.

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Is the FTC Decision in POM Wonderful a Game Changer? Only Time (and a Pending Appeal) Will Tell

The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the...more

Food Litigation Newsletter - February 2013

In This Issue: - Court Rules that Yogurt Dispute Belongs Before the FDA - Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards - 5-Hour Energy Authorized To Sue...more

Naffe v. Frey, et al.

Tentative Ruling on Motion to Dismiss per FRCP 12(b)(6)

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Naffe v. Frey, et al.

Reply Brief in Support of Motion to Strike per California's Anti-SLAPP Law

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Naffe v. Frey, et al.

Reply Brief in Support of Motion to Dismiss Defamation Complaint per FRCP 12(b)(6)

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Naffe v. Frey, et al.

Motion to Strike Under Calilfornia's Anti-SLAPP Law

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Naffe v. Frey, et al.

Motion to Dismiss Complaint for Defamation and Other Claims for Failure to State a Claim - FRCP 12(b)(6)

Per Ken White at Popehat (http://www.popehat.com/2012/12/10/update-on-defense-of-patterico/): "In early October I announced that I would be joining Ron Coleman in a pro bono defense of Patrick Frey of Patterico's...more

Stopping Competitors From Denigrating Your Product

"Cats prefer Whisker Nibblets to Gato Gourmet 4:1." "Only Marie’s sandwich cookies are made with real chocolate and cream." "Seatur’s Slick works 40 percent faster than other leading motor oils." "Shampoo with Lixertonic and...more

Boarding School Review, LLC v. Delta Career Education Corp.

First Amended Complaint and Jury Demand

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Devere Group GMBH v. Opinion Corp. et al.

Brief in Support of Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12(b)(6))

Motion to dismiss defamation claim pleaded as a Lanham Act trademark infringement complaint in order to circumvent DMCA section 230. The court agreed, dismissing the claim in its entirety....more

Ascentive, LLC v. Opinion Corp.

Memorandum of Law in Opposition to Plaintiff Classic Brand's Motion to Supplement

Brief by the owners of Pissedconsumer.com in opposition to the motion by Classic Brands, LLC, whose complaint was consolidated with the complaint of Ascentive, LLC, to "supplement the record" on its pending application for a...more

Jury Holds Blogger Liable for $60,000 in Defamation Case filed by fired community leader

A jury in Minneapolis held blogger John (Johnny Northside) Hoff liable for $60,000 in damages for a truthful post charging that the plaintiff was involved in a high-profile mortgage fraud case. The jury agreed with the...more

Jerry Moore v. John Hoff

Jury Holds Blogger Liable for $60,000 in Defamation Case filed by fired community leader

A jury in Minneapolis held blogger John (Johnny Northside) Hoff liable for $60,000 in damages for a truthful post charging that the plaintiff was involved in a high-profile mortgage fraud case. The jury agreed with the...more

Hersh v. Cohen, et al.

Notice of Motion To Quash & Affirmation In Support of Motion To Quash

EFF has served a motion to quash dragnet subpoenas that put privacy and anonymity at risk for the operators of dozens of Internet blogs and potentially hundreds of commenters. The subpoenas stem from a state lawsuit filed...more

Hersh v. Cohen, et al.

Memorandum of Law In Support of Motion To Quash

EFF has served a motion to quash dragnet subpoenas that put privacy and anonymity at risk for the operators of dozens of Internet blogs and potentially hundreds of commenters. The subpoenas stem from a state lawsuit filed...more

Hersh v. Cohen, et al.

Subpoena Duces Tecum To Yahoo! Inc.

EFF has served a motion to quash dragnet subpoenas that put privacy and anonymity at risk for the operators of dozens of Internet blogs and potentially hundreds of commenters. The subpoenas stem from a state lawsuit filed...more

Hersh v. Cohen, et al.

Subpoena Duces Tecum To Google Inc.

EFF has served a motion to quash dragnet subpoenas that put privacy and anonymity at risk for the operators of dozens of Internet blogs and potentially hundreds of commenters. The subpoenas stem from a state lawsuit filed...more

Parsa Law Group, APC, v. Bad Biz Finder, et al.

Letter requesting removal of an allegedly defamatory blog comment

In response to an article on my blog about the bankruptcy loan modification bill that was recently defeated, I received a comment from someone calling herself "Bad Biz Finder". The commenter accused the Parsa Law Group, a...more

Internet Solutions Corporation v. Marshall

Brief of Amicus Curiae, Media Bloggers Association, Inc. in Support of Appellee, Tabatha Marshall

The 11th Circuit certified the following question to the Florida Supreme Court: "Does posting allegedly defamatory stories and comments about a company with its principal place of business in Florida on a non-commercial...more

Bauer v. Glatzer

Order Dismissing Second Amended Complaint Against Defendant Wikimedia Foundation, Inc.

On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more

Barbara Bauer and Barbara Bauer Literary Agency, Inc. v. Jenna Glatzer

Reply Memorandum of Law in Support of Motion of Defendant Wikimedia Foundation, Inc. To Dismiss the Complaint

On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more

Bauer v. Glatzer et al.

Memorandum of Law in Support of Motion of Defendant Wikimedia Foundation, Inc. To Dismiss the Complaint

On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more

Bank Julius Baer & Co. Ltd., et al. v. Wikileaks, et al.

Notice of Dismissal

On February 6, 2008, Swiss bank Julius Baer filed suit in federal district court against "Wikileaks" -- a website designed to give whistleblowers a forum for posting materials of public concern -- for hosting 14 allegedly...more