965 F. Supp. 2d 818
E.D. Ky.2013Background
- Second trial, defendants moved for judgment as a matter of law under Fed. R. Civ. P. 50 based on CDA immunity.
- Court denied immunity consistent with its prior Jones v. Dirty World ruling.
- Jury awarded plaintiff $38,000 compensatory and $300,000 punitive damages.
- Court issued supplemental opinion explaining continued denial of CDA immunity.
- Evidence showed Richie added comments and encouraged postings, effectively developing content and ratifying defamatory material; punitive damages upheld under Kentucky law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does CDA immunity apply when a site creator develops actionable content? | Richie developed and encouraged defamatory content; immunity does not apply. | CDA provides broad immunity to third-party content with limited exceptions. | Immunity not available where site creator actively develops content. |
| Is CDA immunity consistent with the statute’s text and purpose? | Immunity would subvert defamation and privacy protections. | Immunity should shield site operators. | Text and purpose favor limited immunity, not blanket protection. |
| Did Richie’s conduct constitute development/creation of content defeating immunity? | Richie added and amplified defamatory content. | Actionable content arose from third parties. | Richie’s conduct satisfied development/adoption, removing immunity. |
Key Cases Cited
- Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 521 F.3d 1157 (9th Cir. 2008) (en banc: site not immune when it created/developed information (content))
- Fair Housing Council of San Fernando Valley v. Roommate.com, LLC, 666 F.3d 1216 (9th Cir. 2012) (reaffirmed Roommates ruling; CDA immunity not expanded by merits ruling)
- Chicago Lawyers’ Com. For Civil Rights Under Law, Inc. v. Craigslist, Inc., 519 F.3d 666 (7th Cir. 2008) (CDA does not provide comprehensive immunity; posting does not mean creators induce content)
- Fed. Trade Comm’n v. Accusearch Inc., 570 F.3d 1187 (10th Cir. 2009) (website not immune when it develops or controls actionable content)
- Johnson v. Arden, 614 F.3d 785 (8th Cir. 2010) (upholding immunity where record shows lack of design to invite defamatory postings)