Knotty Issues of eDiscovery
If a basketball player posts a public photo to Instagram, and then another basketball player reposts the photo, can the first basketball player sue for Invasion of Privacy, Intentional Infliction of Emotional Distress, Defamation, and General Negligence? The answer is yes, you can sue, but you will not survive a[…]
Read moreThe online dating service Zoosk sued 25 Doe Defendants for libel per se, trade libel, and intentional interference with prospective economic advantage for an alleged defamatory campaign against the Plaintiff. Zoosk Inc. v. Doe, 2010 U.S. Dist. LEXIS 134292 (N.D. Cal. Dec. 9, 2010). This date gone wrong begins with[…]
Read moreThe Plaintiffs in Blockowicz v. Ramey were victims of online defamation on social networking and other websites. The Plaintiffs were successful in getting a default judgment against the Defendants and an injunction to remove the defamatory material. Blockowicz v. Ramey, 2009 U.S. Dist. LEXIS 118599 (N.D. Ill. Dec. 21, 2009).[…]
Read moreIt is true that mass communication is no longer limited to a tiny handful of commercial purveyors and that we live with much greater access to information than the era in which the tort of invasion of privacy developed. A town crier could reach dozens, a handbill hundreds, a newspaper[…]
Read moreA lot can happen in 140 characters. Someone can tag their way right into a lawsuit with a Wall to Wall Message, a public note or a Tweet. This is one of those cases. Procedural History In a defamation case, a Philadelphia attorney (Plaintiff Corcoran) with a boutique copyright practice[…]
Read moreThe internet is creating emerging legal issues, from jurisdiction to discovery. The identification of anonymous bloggers-posting defamatory statements on the internet–is one of those issues. Judge Rory J. Bellantoni, Ottinger v. Non-Party The Journal News In Ottinger v. Non-Party The Journal News, 2008 N.Y. Misc. LEXIS 4579 (N.Y. Sup.[…]
Read more