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!


Anonymous said...

Not exactly "narrowly tailored"!

Anonymous said...

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

Anonymous said...

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

South Florida Lawyers said...

Yes, much better -- good catch.

Anonymous said...

Your meaning was understood. Ignore the troll.

Anonymous said...

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

Rumpole said...

hmmmm... this is vaguely unsettling.

Anonymous said...

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

Anonymous said...

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

Anonymous said...

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.

Anonymous said...

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

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