by Paul Alan Levy At a time when many federal agencies are moving to exert greater control over their names and seals, both seeking to monetize them as well as to engage in old-fashioned trademark bullying, it is nice to see that the Department of Health and Human Services has decided to pull back from […]
Author Archives: Paul Levy
by Paul Alan Levy The DC Court of Appeals has reversed the denial of a special motion to quash a subpoena seeking to identify the anonymous defendant in a defamation action. The suit, Burke v. Doe, was brought by lawyer Susan Burke, who complained that her Wikipedia entry had been modified to include false statements relating […]
by Paul Alan Levy In an intriguing ruling last week granting relief by consequence of a default judgment, a federal judge in Nevada engaged in a fair amount of sua sponte analysis in paring down the relief sought against the operator of a web site that hosts reviews of colleges and universities. The opinion included […]
by Paul Alan Levy In an opinion issued this morning, the D.C. Circuit unanimously reversed a trial court ruling that compelled several ISP's to provide identifying information for more than a thousand anonymous users who were sued a maker of pornographic movies for allegedly using the BitTorrent protocol to provide access to copies of an […]
by Paul Alan Levy In the discussion of yesterday’s decision rejecting a lawsuit by the DC Council against Mayor Vincent Gray, I found a procedural puzzlement. The City Council sued Gray for a declaratory judgment and an injunction compelling him to comply with the Local Budget Autonomy Act; Gray counterclaimed for a declaratory judgment that […]
by Paul Alan Levy I wrote recently about a letter from an HHS lawyer, Dale Berkley, that appeared to threaten a blogger with a lawsuit for defamation because the blogger had published a mock interview with a an HHS official which, the demand letter said, could have misled readers into believing that the official had […]
by Paul Alan Levy The last time I blogged about Med Express, the eBay seller that brought a defamation suit against two eBay customers for leaving truthful and mildly critical feedback, then apologized and blamed its lawyer for filing a different lawsuit from the one it wanted to file, we had just gone to trial […]
by Paul Alan Levy In mid-2009, Jennifer Choi posted a scathing Yelp review of a Phoenix repair shop called ToyoMotors, contending that her car was diagnosed as needing repairs that other shops assured her were unnecessary, and that its fees were excessive by comparison with its competitors. Four years later, ToyoMotors went on the offensive. […]
by Paul Alan Levy In a decision issued today, the California Second District Court of Appeal has created an additional way for anonymous speakers, and for web operators who host anonymous comments, to protect the right to speak anonymously. Instead of invoking the First Amendment as courts in other states, and indeed other appellate courts […]
by Paul Alan Levy Popehat carried a story yesterday about a demand letter from a "senior attorney" for the US Department of Health and Human Services named Dale Berkeley (who pompously signed himself as "Ph.D. / J.D."), complaining about two lame parodies on a web site that opposes Alcoholic Anonymous and asserts that there is […]