Tuesday, November 20, 2012

Score One for Alan Kluger!

 
As you know, we have been covering the case between Alan Kluger and Marc Randazza over an anonymous blogger and her dispute with a wealthy local developer.

Carlos Miller and Random Pixels have been writing about the controversy as well.

In the state court action before Judge Leesfield (there is also federal litigation before Judge King), Alan won a big victory for his client:  an expansive preliminary injunction order that purports to enjoin "defamatory" blogging, stalking and tortious interference.

Although the Court notes that she made no findings of fact and that a trial on the defamation claim will be held in the future, Judge Leesfield nonetheless ordered the defendant "not to enter defamatory blogs in the future."

Question -- how will the defendant know in advance whether a blog entry is possibly defamatory or not?

Over to you, 3d DCA!








18 comments:

  1. Not exactly "narrowly tailored"!

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  2. It's called a prior restraint and vague to boot. This part of the order will be reversed.

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  3. A "defamatory" trial will be held? Do tell. I think you meant a trial on "defamation" will be held.

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  4. Your meaning was understood. Ignore the troll.

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  5. How could a judge sign that order. What a joke. It makes no findings of fact?!?!?!?

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  6. hmmmm... this is vaguely unsettling.

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  7. when a judge asks both parties to send in dueling proposed order in Word you wind up with very broad orders

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  8. 6:55 SFL took my good natured jibe as it was intended. Who here is the troll?

    ReplyDelete
  9. Nine a.m. nailed it. A preliminary injunction restricting future allegedly defamatory speech. Without any findings of fact. Really? It makes sense, I guess, since adopting a proposed order is so much easier than writing one for her- or hisself. And if you don't care about being reversed, then I guess it's a gamble worth taking.

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  10. Read the order
    Seems sustainable to me
    Enjoining bad conduct
    Seems like a good idea

    ReplyDelete
  11. When I originally commented I clicked the -Notify me when new comments are added- checkbox and now each time a comment is added I get four emails with the same comment. Is there any way you can remove me from that service? Thanks!


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