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| Jones v. Dirty World Entertainment Recordings LLC | |
|---|---|
 | |
| Court | United States District Court for the Eastern District of Kentucky |
| Full case name | Sarah Jones v. Dirty World Entertainment Records, LLC |
| Argued | January 5 2011 |
| Decided | January 21 2011 |
| Citation | Civil Action No. 2009-219 |
| Court membership | |
| Judge sitting | William O. Bertelsman |
| Case opinions | |
| Majority | William O. Bertelsman |
Jones v. Dirty World Entertainment Recordings LLC is a legal dispute that began in December of 2009. This case was brought by high school teacher and Cincinnati Bengals cheerleader Sarah Jones against the Internet web site known as “thedirty.com.” This 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”. [1]
Facts of the Case
[edit]The plaintiff Sarah Jones is a resident of Northern Kentucky, a teacher at Dixie Heights High School in Edgewood Kentucky and a member of the cheerleading squad of the Cincinnati Bengals professional football team. On October 27, 2009, this was message posted:
- “Nik, this is Sara J, Cincinnati Bengal[sic] Cheerleader. She's been spotted around town lately with the infamous Shayne Graham. 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!”[1]
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.” [1]
In which, commentator Riche responded:
- “Why are all high school teachers freaks in the sack?” [1]
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.
Issue
[edit]The defendant Dirty World, LLC wanted to dimiss the motion for lack of personal jurisdiction while Jones motion was for “leave to supplement her responsive memorandum.”[1]
Personal Jurisdiction
[edit]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.”[1]
Case at Bar
[edit]Application of General Principles Opinion of the Court: thedirt.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.”[1] 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 Mfg. Co. v. Zippo 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.
Communications Decency Act
[edit]The Communcations Decency Act of 1996 was used by Dirty World, LLC to support that the postings on thedirt.com are privileged.
Decision:
[edit]The plaintiff Jones was awarded $11 million from the defendant Dirty World Entertainment Recordings, LLC and the posts that formed the basis of her claims were removed from thedirty.com after the news of the default judgement became known. An annual interest rate of 0.25 percent to the $1 million in compensatory damages and $10 million in punitive damages[2] by Judge Bertelsman.
Read more:
It was ordered as follows:
[edit]- 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;
- Discovery may commence immediately;
- Discovery shall be completed within six (6) months from the date of this Opinion and Order; and
- Motions for summary judgment shall be filed within thirty (30) days of the close of discovery.
References
[edit]- ^ a b c d e f g ["Jones v. DIRTY WORLD ENTERTAINMENT RECORDINGS, LLC, Dist. Court, ED Kentucky 2011"] Google Scholar
- ^ Barrouquere, Brett. "Northern Ky. teacher wins $11 million judgment against gossip Web site", Kentucy.com