TheTrenchcoat Chronicles

Tag: lawsuit

  • Another MySpace Lawsuit

    Victim’s parents sue MySpace after suicide, assault by Celina man:

    The family of a 14-year-old California girl known only as Julie Doe are suing MySpace after the girl committed suicide. Doe was sexually assaulted by 30-year-old Kiley Ryan Bowers of Celina, Texas after the two met on MySpace in 2005.

    Their online conversations led to a face-to-face meeting and the sexual assault near her home in Southern California.

    Mr. Bowers broke off the relationship several months later, and the girl fell into “a deep depression as a result of the failed, despicable relationship fostered over MySpace,” the lawsuit states. She killed herself in July 2006.

    Mr. Bowers, 30, pleaded guilty to traveling across state lines to have sex with a minor and was sentenced this summer to nine years in federal prison.

    Now let’s hear from the attorney…

    “MySpace knows that it is a haven for sexual predators, yet doesn’t put in any security measures to protect young girls,” said the family’s attorney, Jason Itkin. “We think that with MySpace’s right to make a profit comes a responsibility to protect its customers.”

    “The main goal of these lawsuits is to get MySpace to stand up and put in meaningful protections that will make it more difficult to search out and find young girls,” said Mr. Itkin, whose firm is representing six other families who have sued MySpace on similar allegations.

    I really hate to kick a family when they’re down but this lawsuit was once tried already and failed. Mr. Itkin was involved in that lawsuit as well. Mr. Itkin says these lawsuits are to protect the children but we all know it’s really about getting a huge payday.

    The sexual assault took place in the girl’s home. Where were the parents when this assault took place? Why weren’t the parents checking up on her MySpace activities? Families are supposed to come with built-in meaningful protection. They’re called parents.

    U.S. district judge Sam Sparks said it best when he dismissed the original lawsuit. “If anyone had a duty to protect Julie Doe, it was her parents, not MySpace,”

  • Pete Solis gets trial date

    Trial date set in MySpace sex assault case:

    You all remember Pete Solis, don’t you? He was the catalyst behind the infamous $30M lawsuit against MySpace. Solis was the one who allegedly sexually assaulted a 14-year-old girl who he met over MySpace. Which led the victim’s mother to file one of the most frivolous lawsuits of all time. Anyway, Solis’ trial date for the sexual assault is set to start on January 28th.

  • Rocori lawsuit dismissed

    Judge tosses lawsuit over Rocori deaths:

    A wrongful death lawsuit against the Rocori school district in Minnesota and against the father of a school shooter has been dismissed, but not because the case didn’t have merit.

    Seth Bartell and Aaron Rollins were gunned down by John Jason McLaughlin. 15-year-old McLaughlin was sentenced to life in prison last year.

    The families of the victims filed the suit claiming negligence by the school and by McLaughlin’s father.

    However, the case was dismissed on what I consider the smallest of technicalities…

    Todd County District Court Judge Jay. D. Carlson dismissed the lawsuit, ruling that the attorneys representing the Rollins and Bartell families had not complied with rules governing proper filing of civil lawsuits. Specifically, Carlson ruled that those attorneys failed to include their Minnesota address and that they improperly filed the lawsuit on behalf of the parents, rather than the trustees for each of the slain students.

    And people wonder why the court system is so jammed up.

    There is reason to believe that the lawsuit can be refiled.

  • MySpace lawsuit being appealed

    New Rounds Coming in Parents vs. MySpace.com:

    It seems that the losers of the infamous $30M lawsuit against MySpace that was dismissed are more than losers. It seems that they are sore losers at that.

    Let’s revisit the dismissal…

    In dismissing the suit last month, a judge in Austin, Texas, cited a provision in the Communications Decency Act of 1996 (CDA), which holds that, as an “interactive computer service,” News Corp. and its property MySpace were not liable for the postings to the site.

    Of course, since this is America and litigation we’re talking about that won’t stop money hungry lawyers and opportunistic families now will it?

    “We don’t believe the Communications Decency Act applies to a case like this,” said Adam Loewy of law firm Barry & Loewy, which is representing the minor.

    He argued that the CDA applies primarily to defamation cases, such as when an owner of a Web site is sued over defamatory material published on the site. He said Judge Sparks erred in his interpretation of the CDA and that it does not limit MySpace’s liability for torts, or wrongful acts of members on its site.

    Loewy is undeterred, and also plans to re-file a parallel suit against MySpace in the United States Court of Appeals for the Ninth Circuit located in San Francisco. That suit, also previously dismissed by Judge Sparks, accuses MySpace of fraud against the minor. But Loewy feels a court near Silicon Valley, which he says has handled more Internet-related cases, will be more prepared to rule in his client’s favor.

    It’s got nothing to do with Silicon Valley but everything to do with the Ninth Circuit being more sympathetic to these anti-personal responsibility lawsuits.

    I guess if at first you don’t succeed, sue, sue, again.

  • $30M MySpace lawsuit dismissed

    Suit against Myspace dismissed by judge in Texas:

    Hallelujah. For once common sense has prevailed. The $30M lawsuit filed against MySpace by the parents of children who were molested by MySpace users has been dismissed.

    U.S. district judge Sam Sparks ruled that MySpace, owned by media giant News Corp., should not be held responsible for what happened. “If anyone had a duty to protect Julie Doe, it was her parents, not MySpace,” he wrote in his decision.

    As my lovely and talented wife said, “Ding ding ding ding, we have a winner”. Of course, the lawyers for the families are going to appeal.

    An attorney for the four families said they plan to appeal the ruling. “The judge’s ruling is flat wrong,” said Jason Itkin, the attorney representing the families. “As the Internet grows and companies like MySpace are aware of the dangers, they need to do things to protect their users, especially young children.”

    Another quote from Mr. Itkin…

    “This is allowing sites like MySpace to avoid the responsibility to make the Internet safe for children,” Jason Itkin said. “MySpace knows its Web site is a playground for sexual predators. Because of that, MySpace should be doing some very basic safety precautions.”

    Sorry buddy but MySpace can’t make parents be responsible.

    Personal responsibility wins a rare victory.

    But the war just may be beginning…

    On Wednesday, MySpace announced victory in a Texas lawsuit in which the social networking Web site was accused of failing to protect its underage members from sexual abuse. However, the company’s legal issues are just beginning, according to plaintiff’s lawyer Adam Loewy of Austin, Texas-based Barry & Loewy.

    “We’re at the onset of this sort of litigation,” says Loewy. “We are prepared for a very long battle.”

    The plaintiffs plan to appeal to the Fifth Circuit of the U.S. Court of Appeals. They also plan to refile some of their claims in Los Angeles Superior Court, adding to similar suits brought against MySpace and its parent company, News Corp.

    More frivolous suits to clog up our already backed up courts.

  • Lawsuit’s a loser

    MySpace Lawsuits Called Losers:

    It seems I’m not the only one who thinks the latest lawsuit against MySpace is without merit. So does law professor Eric Goldman.

    First, Goldman says, it’s a stretch under the legal definition of causation to assert that MySpace contributed to a crime that didn’t occur on its premises.

    Second, he said, the law “routinely insulate[s] Web sites for liability for torts committed outside their network.” Thus, he points out, AOL was not held liable for child porn generated elsewhere and distributed through its network.

    Why bother with the lawsuit then? Goldman speculates, “Given the obviously futile nature of this lawsuit, this lawsuit may be more about publicity than about seeking justice.”

    As Goldman points out, the risk of high-profile lawsuits like this is that they may encourage ill-conceived, knee-jerk legislation. The problem is even the most extreme restrictions seem reasonable if the purpose is “protecting kids.” How many politicians, for example, would have the courage to oppose something like “The Boil Pedophiles Alive Act of 2007”? Not many, I suspect.

    Let’s hope this lawsuit never goes any further.

  • The latest MySpace lawsuit

    MySpace.com, News Corp. sued in assault cases:

    I’m surprised that this isn’t happening more often. Anyway, MySpace and its parent company News Corp. are being sued by families from New York, Texas, Pennsylvania and South Carolina who had children that were sexually assaulted by MySpace users. The suit alleges MySpace of negligence, recklessness, fraud, and negligent misrepresentation.

    Call me callous if you want but as far as I’m concerned this lawsuit is frivolous. The people who are really responsible for the attacks are already behind bars. It’s like suing the car manufacturer if your child was hit by a drunk driver.

    This lawsuit reeks of greed. The kind of greed that can only come from ambulance chasing attorneys.

    Pat from Belchspeak has a differing opinion.

  • Christopher Penley’s father files lawsuit

    Christopher Penley’s father files lawsuit

    Slain boy’s father says he plans to sue Seminole sheriff’s office:

    For those of you who may have forgotten, Christopher Penley was the Florida teen who was shot and killed by police for brandishing a pellet gun in a threatening manner at Milwee Middle School. At the time of the shooting, police were not aware that it was a pellet gun as it was altered to look authentic. An investigation by the state ruled that the shooting was lawful.

    Now Christopher Penley’s father, Ralph Penley, has filed a lawsuit in hopes the SWAT officer Lt. Michael Weippert will be fired. Weippert was the officer who shot and killed Penley.

    “The guy that murdered my son is still on the sheriff’s department squad,” Penley said, choking back tears in a telephone interview.

    “We’re gonna pursue this now because I’ve waited a long, long time,” he said.

    The civil lawsuit alleges that Weippert, the SWAT team member who shot Christopher Penley, violated the boy’s civil and constitutional rights and acted with premeditation, Keith Parker, a private investigator for the family said last week.

    “(Weippert) was not reacting to the assailant. He had already plotted out that he was going to shoot him,” Parker said. “They had that bathroom surrounded. They had enough fire power to start a war. That kid wasn’t going anywhere.”

    The family is also suing for one count of negligent retention, claiming Seminole County Sheriff Don Eslinger should have known that Weippert allegedly has a mental condition from past shootings and should not have been allowed to remain on the SWAT team, Parker said.

    I know that grief can cloud your judgment, so I’m not trying to condemn Mr. Penley, but this lawsuit is clearly in the wrong. None of this would even be an issue if Christopher Penley had not brought the pellet gun to school, taken another student hostage, barricaded himself in the bathroom, then threatened police with the weapon. The only person responsible for Christopher Penley’s death is Christopher Penley.

  • Which Amendment is that exactly?

    Which Amendment is that exactly?

    Attorney for “My-Space” Attacker Claims Constitutional Protection:

    For those of you who may have forgotten, Pete Solis is the 19-year-old at the crux of the MySpace lawsuit. The victim’s mother is suing MySpace because Solis sexually assaulted her 14-year-old daughter. Solis’ attorney in the criminal proceedings has made possibly the most outrageous legal claim ever this side of bad police and lawyering shows on TV…

    The attorney for a 19-year-old man accused of sexual assault claims the U-S Constitution protects him from full responsibility for having sex with a 14-year-old girl.

    Yes, you read that right. I’ll let you continue now…

    Pete Solis reportedly met his victim via “My-Space.com,” apparently leading to dinner and a movie back in May, allegedly followed by sexually assaulting the victim afterwards in a shopping center parking lot.

    “We are saying that to create liability for only one party–for the older party, and not the younger party–that violates Equal Protection,” attorney Adam Reposa says outside a Travis County courtroom this morning.

    Reposa claims that extends to protection of procreation rights, despite the victim’s age. He maintains that he is not trying to vilify the 14-year-old victim.

    Solis would face up to 20 years in jail and permanent registration as a sex offender, if he’s convicted. A judge will hear Reposa’s argument next Monday.

    Yeah, I had to pick my jaw up off the floor too.

    Is this assclown serious? Constitutionally protected child molestation? If any judge allows this, they should be immediately removed from the bench, dragged out into the street, and pelted with rocks and garbage. And so should this attorney for even attempting such a defense.

  • Pete Solis indicted

    Pete Solis indicted

    Buda Man Indicted In MySpace Sexual Assault:

    (CBS 42) A Buda man accused of sexually assaulting a girl he met on MySpace.com has been indicted.

    Pete Ignacio Solis, 20, is charged with the assault of a 14-year-old girl in May.

    According to police, Solis picked up the girl at Bowie High School and assaulted her in the parking lot of an apartment complex at Westgate and William Cannon.

    If the name Pete Solis sounds familiar, it’s because he’s the alleged perpetrator in the middle of the MySpace lawsuit.