CLEANERLAKEWOOD WINS "MOTION TO QUASH"
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.com. Click here for more
New Jersey Elder Law, Estate and Special Needs Planning, Mediation and
Collaborative Family Law NJ
No comments:
Post a Comment