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!