Saturday, December 22, 2012

BREAKING NEWS!!!!

CLEANERLAKEWOOD WINS "MOTION TO QUASH"

In an effort to protect the 1st amendment right to freedom of speech for both bloggers and commenters, CleanerLakewood has gone to the extreme length to fight the lawsuit brought forth by Somerset Development v. CleanerLakewood. 

Operators of  CleanerLakewood retained the services of Richard L. Ravin, ESQ. of the firm Hartman & Winnicki, P.C. Counselors to defend the lawsuit. http://www.ravin.com/ 

In an oral decision on October 29, 2010, the New Jersey Superior Court quashed a subpoena seeking the identities of CleanerLakewood blog and anonymous posters critical of real estate developer Ralph Zucker of Lakewood Township, New Jersey (Somerset Development, LLC et al. v. “Cleaner Lakewood” John Doe et al., Docket No. OCN-C-119-10).

In early 2011 Somerset Development filed an appeal with the Superior court of New Jersey Appellate Division to overturn the original ruling of a trial judge. On September 26, 2012 NJ Appeals court affirms CleanerLakewood’s first amendment right to remain anonymous, upholding order Quashing Google subpoena seeking identities.

The outcome of this case has generated much discussion within the legal community.

Subpoena of Google for Names of Bloggers Ruled Properly Quashed

New Jersey Law Journal
September 27, 2012
A plaintiff in a defamation suit over anonymous postings on a Google-hosted blog may not obtain the writers' names, a New Jersey appeals court rules, upholding a trial judge who quashed a subpoena. Click here for more
LAW BLOG - SIMON LAW GROUP - SOMERVILLE, NJ 
Defamation Lawsuit Over Anonymous Postings 
Posted on Thu, Sep 27, 2012 @ 03:02 PM
A plaintiff in a defamation suit over anonymous postings on a Google-hosted blog may not obtain the writers' names, a New Jersey appeals court ruled on Wednesday, upholding a trial judge who had quashed a subpoena. Because the statements concerned a public figure and a matter of public concern, the statements were nonactionable "rhetorical hyberbole," the Appellate Division said. The Ocean County suit was brought by Somerset Development of Lakewood and its president, Ralph Zucker, against a group called "Cleaner Lakewood" and individuals who posted on its blog, cleanerlakewood.blogspot.comClick here for more 
Law Office of Donald D. Vanarelli Blog
New Jersey Elder Law, Estate and Special Needs Planning, Mediation and Collaborative Family Law NJ

Identities Of Anonymous Writers In New Jersey Posting Allegedly Defamatory Statements On A Blog Are Not Subject To Disclosure Click here for more 


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