Court Sides With MySpace In Suit Over Sex Assault
U.S. Court News
MySpace is immune from a lawsuit accusing it of failing to protect a teen girl from the alleged sexual assault of a 19-year-old man she met on the popular social-networking site, the 5th Circuit ruled.
A three-judge panel upheld a Texas judge's dismissal of a lawsuit accusing MySpace.com and parent company News Corp. of failing to protect minor users from sexual predators.
The plaintiff, identified as Julie Doe, created a MySpace profile when she was only 13, but said she was 18 to circumvent the site's minimum age requirement of 14. After she turned 14, she met Pete Solis, a 19-year-old fellow MySpace user who allegedly sexually assaulted her in a parking lot in 2006.
A federal judge threw out a lawsuit filed by the teen and her mother, ruling that their claims are barred by Texas common law and the Communications Decency Act, which shields Internet service providers from getting sued for publishing material posted by third parties.
Doe and her mother appealed dismissal of their negligence claim, arguing that MySpace is not a "publisher" under their claims, and that MySpace is not entitled to immunity for its failure to take reasonable steps to protect minors.
Judge Clement, writing for the appellate panel, remained unconvinced.
"Their allegations are merely another way of claiming that MySpace was liable for publishing the communications and they speak to MySpace's role as a publisher of online third-party-generated content."
Solis was indicted on a sexual assault charge and faces up to 20 years in prison.
Related listings
-
Vallejo, CA Declares Itself Bankrupt
U.S. Court News 05/08/2008The Vallejo City Council has voted unanimously to declare the city bankrupt. The council cited falling property values and tax receipts and a $16 million budget deficit for the fiscal year that begins in July. Residents of Vallejo, a town of 120,000 ...
-
Federal judge rejects Katrina damage immunity bid
U.S. Court News 05/06/2008Judge Stanwood R. Duval Jr. of the US Eastern District of Louisiana ruled again Friday that the US Army Corps of Engineers cannot claim immunity from suit in connection with damages suffered by plaintiffs by virtue of alleged defects in the Mississip...
-
Mothers May Sue Gerber Over Sugary Fruit Snacks
U.S. Court News 05/02/2008The 9th Circuit allowed two mothers to pursue their class action accusing Gerber Products Co. of deceptively dressing up sugar-loaded gummy treats as healthy snacks for toddlers. The mothers claimed Gerber falsely touts its Gerber Fruit Juice Snacks ...
The Law Offices of John M. Lynch, LLC - Our goal is to serve you and make your experience a pleasant one
Our firm founder John M. Lynch is a proven trial lawyer with a record of success in state and federal courts. His former service as a police investigator and federal drug task force agent enable him to see a case from all sides. He is routinely hired by other attorneys to assist with criminal cases. His peer recognition is also evident in the recognition that he has earned with Top 100 Trial Lawyers, AV Preeminent Rating and Super Lawyers. He has also been named as one of the Best Attorneys in St. Louis, a Rising Star in Missouri and a Rising Star in Kansas. His unique and broad -based experience has led to unparalleled success that include dismissal of charges, acquittal and markedly beneficial settlements.
Attorney John M. Lynch comes from a strong law enforcement background with a decade of experience as a police investigator and federal drug task force agent. Paired with his legal degree from St. Louis University School of Law, Mr. Lynch provides a unique and candid perspective for people charged with a full range of criminal activities.