4th DCA: CDA applies to injunctions, too Earlier this month, the Fourth District Court of Appeals found that the Communications Decency Act protected websites in actions for injunctive relief as well as those for damages. West Palm Beach medical tech company Medytox Solutions, Inc. sued InvestorsHub.com to have allegedly defamatory postings removed from the website. Although the…
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This is a question I get asked with relative frequency. In most cases, the answer is no: The fact that someone made a false police report does not mean that those statements will be found to be defamation (libel or slander). The reason is that, in Florida, statements to police enjoy a “qualified privilege” from defamation. Pursuant to the…
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After out-of-state blogger Tabatha Marshall allegedly published a blog accusing website operator Internet Solutions Corp (“ISC”) of “on-going criminal activity, specifically ‘phishing’ and consumer fraud,” ISC sued Ms. Marshall for defamation in federal court in Orlando, Florida. Ms. Marshall, a Washington-state resident, moved to dismiss the suit for lack of “personal jurisdiction.” In other words,…
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