Tag Archives: Bloggers lawsuits

Blogging May Be Actionable & Your Identity May Be Disclosed


This case is just as important for what it doesnt say than what it does say. If the blogger makes truly defamatory comments the implications of this case is that you could be sued and your identity discovered. Dont be reckless with comments either in blogs or social media. 

36-2-7794 Somerset Development LLC v. Cleaner Lakewood, App. Div. (per curiam) (11 pp.) In this action seeking damages and injunctive relief, filed  after plaintiffs learned that defendants had posted statements on a website blog hosted by Google Inc., plaintiffs appeal the trial court order quashing a subpoena served on Google seeking production of data leading to the identification of defendants and the  denial of their cross-motion seeking to compel defense counsel to disclose the identities of the anonymous defendants counsel represents. The panel affirms, finding that the trial judge correctly found that while plaintiffs took every possible step to provide notice to the anonymous defendants and sufficiently set forth the statements purportedly made by each poster that allegedly constituted actionable speech, plaintiffs have not established a prima facie cause of action because the statements primarily reflect the opinions of the authors and are at best rhetorical hyperbole on matters of public concern involving a public figure. Because the offending publications are not actionable, plaintiffs are not entitled to the identity of the anonymous defendants. [Filed September 26, 2012]