Jones v. Dirty World Entertainment Recordings LLC
Encyclopedia
Jones v. Dirty World Entertainment Recordings LLC is an ongoing legal dispute filed by high school teacher and Cincinnati Bengals
cheerleader Sarah Jones against Dirty World LLC, operator of the celebrity gossip web site TheDirty.com. Jones alleges that two postings about her on the site constitute defamation and libel.
TheDirty website is operated from its principal place of business in Arizona
. This website operates as a space where individuals can submit comments and they are published and commentary is provided by defendant Hooman Karamian aka Nik Richie. Jones claimed that posts displayed on “thedirty.com” affected “ her teaching position, her membership in the Cincinnati Bengals
, and her personal life”.
in Edgewood, Kentucky and a member of the cheerleading squad of the Cincinnati Bengals
professional football team.
On October 27, 2009, this message was posted:
Jones emailed thedirty.com and requested that the post be removed after hearing of the post because she was concerned about how it would affect her job. She was initially told that the post would be removed then later told that the post would not be removed".
Two months later on December 7, 2009, another post was submitted that read:
In which, commentator Riche responded:
Jones sent another email to thedirty.com requesting that the posts be removed but her requests were left unanswered.
On December 23, 2009, Jones filed this action against Dirty World, LLC, Richie, and two other entities bearing names that include the phrase “Dirty World.” On August 31, 2010, Jones filed a Second Amended Complaint in which she brought about claims of defamation, libel per se, false light publicity, and intentional infliction of emotional distress.
Jones subsequently filed an amended complaint directed at the correct company.
“The problem with dealing with a personal jurisdiction issue is not that there are too few precedents, but rather that there are too many.”
Opinion of the Court:
thedirty.com was seen as an “interactive website” in which postings were welcomed that were “allegedly libelous per se of individuals of allegedly invaded their right of privacy.” And that the website “intentionally reaches beyond the boundaries of its home state to conduct business and interact with residents of other states” where the site occupies the “middle ground” described in Neogen Corp. v. Neo Gen Screening, Inc. and Zippo Manufacturing Co. v. Zippo Dot Com, Inc.
Dot Com, Inc.]].
The court agreed with the finding in Facebook, Inc. v. Connectu LLC in which it is pointed out that, in the age of the Internet, "specific, targeted conduct may be `expressly aimed' at a particular individual or entity, despite the fact that the person engaging in the conduct may not know of the geographic location of the individual or entity."
The “Effects Test”
Opinion of Court:
The “effects test” originated from Keeton v. Hustler Magazine, Inc.
and Calder v. Jones, two companion cases decided by the Supreme Court of the United States
in 1984. This test is used when used as an analysis for “personal jurisdiction issues where defamation and other intentional torts are concerned.”
The court chose to exercise personal jurisdiction over Dirty World, LLC for the claims by Jones.
of 1996 was used by Dirty World, LLC to support that the postings on thedirty.com are privileged.
Cincinnati Bengals
The Cincinnati Bengals are a professional football team based in Cincinnati, Ohio. They are members of the AFC's North Division in the National Football League . The Bengals began play in 1968 as an expansion team in the American Football League , and joined the NFL in 1970 in the AFL-NFL...
cheerleader Sarah Jones against Dirty World LLC, operator of the celebrity gossip web site TheDirty.com. Jones alleges that two postings about her on the site constitute defamation and libel.
TheDirty website is operated from its principal place of business in Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
. This website operates as a space where individuals can submit comments and they are published and commentary is provided by defendant Hooman Karamian aka Nik Richie. Jones claimed that posts displayed on “thedirty.com” affected “ her teaching position, her membership in the Cincinnati Bengals
Cincinnati Bengals
The Cincinnati Bengals are a professional football team based in Cincinnati, Ohio. They are members of the AFC's North Division in the National Football League . The Bengals began play in 1968 as an expansion team in the American Football League , and joined the NFL in 1970 in the AFL-NFL...
, and her personal life”.
Facts of the case
The plaintiff Sarah Jones is a resident of Northern Kentucky, a teacher at Dixie Heights High SchoolDixie Heights High School
Dixie Heights High School is a 5-A high school located at 3010 Dixie Highway in Edgewood, Kentucky.-History:The school was built by the Works Progress Administration. It opened for classes in 1936 and was dedicated by Eleanor Roosevelt. The main building is nearly identical in construction and...
in Edgewood, Kentucky and a member of the cheerleading squad of the Cincinnati Bengals
Cincinnati Bengals
The Cincinnati Bengals are a professional football team based in Cincinnati, Ohio. They are members of the AFC's North Division in the National Football League . The Bengals began play in 1968 as an expansion team in the American Football League , and joined the NFL in 1970 in the AFL-NFL...
professional football team.
On October 27, 2009, this message was posted:
- “Nik, this is Sara J, Cincinnati Bengal[sic] Cheerleader. She's been spotted around town lately with the infamous Shayne GrahamShayne GrahamMichael Shayne Graham is an American football placekicker. He was signed by the New Orleans Saints as an undrafted free agent in 2000, and most recently played with the New England Patriots...
. She also has slept with every other Bengal Football player. This girl is a teacher too! You would think with Graham's paycheck he could attract something a little easier on the eyes Nik!”
Jones emailed thedirty.com and requested that the post be removed after hearing of the post because she was concerned about how it would affect her job. She was initially told that the post would be removed then later told that the post would not be removed".
Two months later on December 7, 2009, another post was submitted that read:
- “Nik, here we have Sarah J, captain cheerleader of the playoff bound cinci bengals. . Most ppl see Sarah has [sic] a gorgeous cheerleader AND highschool teacher. . yes she's also a teacher . . but what most of you don't know is . . Her ex Nate . . cheated on her with over 50 girls in 4 yrs.. in that time he tested positive for Chlamydia Infection and Gonorrhea . . so im sure Sarah also has both . . what's worse is he brags about doing sarah in the gym . . football field . . her class room at the school where she teaches at DIXIE Heights.”
In which, commentator Riche responded:
- “Why are all high school teachers freaks in the sack?”
Jones sent another email to thedirty.com requesting that the posts be removed but her requests were left unanswered.
On December 23, 2009, Jones filed this action against Dirty World, LLC, Richie, and two other entities bearing names that include the phrase “Dirty World.” On August 31, 2010, Jones filed a Second Amended Complaint in which she brought about claims of defamation, libel per se, false light publicity, and intentional infliction of emotional distress.
Procedural Background
Jones initially brought suit against Dirty World Entertainment Recordings, and in August, 2010, was awarded an $11 million in compensatory and punitive damages when the defendant failed to answer the suit. However, it later came to light that the plaintiff had mistakenly sued the wrong company: Dirty World Entertainment recordings operates "TheDirt.com," while the operator of the offending site ("TheDirty.com") is named DirtyWorldLLC.Jones subsequently filed an amended complaint directed at the correct company.
Issue
The defendant Dirty World, LLC wanted to dismiss the motion for lack of personal jurisdiction while Jones motion was for “leave to supplement her responsive memorandum.”Personal Jurisdiction
Opinion of the Court:“The problem with dealing with a personal jurisdiction issue is not that there are too few precedents, but rather that there are too many.”
Case at Bar
Application of General PrinciplesOpinion of the Court:
thedirty.com was seen as an “interactive website” in which postings were welcomed that were “allegedly libelous per se of individuals of allegedly invaded their right of privacy.” And that the website “intentionally reaches beyond the boundaries of its home state to conduct business and interact with residents of other states” where the site occupies the “middle ground” described in Neogen Corp. v. Neo Gen Screening, Inc. and Zippo Manufacturing Co. v. Zippo Dot Com, Inc.
Zippo Manufacturing Co. v. Zippo Dot Com, Inc.
Zippo Manufacturing Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119 , was a decision by the United States District Court for the Western District of Pennsylvania in which the Court found personal jurisdiction over a defendant providing Internet services...
Dot Com, Inc.]].
The court agreed with the finding in Facebook, Inc. v. Connectu LLC in which it is pointed out that, in the age of the Internet, "specific, targeted conduct may be `expressly aimed' at a particular individual or entity, despite the fact that the person engaging in the conduct may not know of the geographic location of the individual or entity."
The “Effects Test”
Opinion of Court:
The “effects test” originated from Keeton v. Hustler Magazine, Inc.
Keeton v. Hustler Magazine, Inc.
Keeton v. Hustler Magazine, Inc., 465 U.S. 770 , was a case in which the United States Supreme Court held that a state could assert personal jurisdiction over the publisher of a national magazine which published an allegedly defamous article about a resident of another state, and where the magazine...
and Calder v. Jones, two companion cases decided by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in 1984. This test is used when used as an analysis for “personal jurisdiction issues where defamation and other intentional torts are concerned.”
The court chose to exercise personal jurisdiction over Dirty World, LLC for the claims by Jones.
Communications Decency Act
The Communications Decency ActCommunications Decency Act
The Communications Decency Act of 1996 was the first notable attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw case of Reno v. ACLU, the United States Supreme Court struck the anti-indecency provisions of the Act.The Act was...
of 1996 was used by Dirty World, LLC to support that the postings on thedirty.com are privileged.
It was ordered as follows:
- Defendant's motion to dismiss (Doc. 29) be, and it is, hereby DENIED;
- Plaintiff's motion to supplement (Doc. 40) be, and is hereby, DENIED, for the reasons stated on the record during oral argument;
- DiscoveryDiscovery (law)In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
may commence immediately; - DiscoveryDiscovery (law)In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
shall be completed within six (6) months from the date of this Opinion and Order; and - Motions for summary judgmentSummary judgmentIn law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
shall be filed within thirty (30) days of the close of discovery.
See also
- Personal jurisdiction
- Zippo Manufacturing Co. v. Zippo Dot Com, Inc.Zippo Manufacturing Co. v. Zippo Dot Com, Inc.Zippo Manufacturing Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119 , was a decision by the United States District Court for the Western District of Pennsylvania in which the Court found personal jurisdiction over a defendant providing Internet services...
- Communications Decency ActCommunications Decency ActThe Communications Decency Act of 1996 was the first notable attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw case of Reno v. ACLU, the United States Supreme Court struck the anti-indecency provisions of the Act.The Act was...