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Reason
Reason
Politics
Eugene Volokh

Maintaining Online Copy of Court Opinion Isn't Libelous, Even When It's Reversed

From Thomas v. Leagle, Inc., decided Oct. 23 by Judge David Carter (C.D. Cal.), but just added to Westlaw:

The following facts are taken from Plaintiff's Complaint …. Defendant Leagle, Inc. … operates a website that provides information about legal cases, including publishing copies of judicial opinions. [Leagle] published a trial court order where Plaintiff was found liable for fraud in a California state trial court.

An appellate court subsequently reversed the trial court, and the case against Plaintiff was dismissed with prejudice. Defendant did not update its report of the trial court's opinion to indicate that the opinion was reversed and Plaintiff was not liable for fraud. According to Plaintiff, the Leagle's reporting "created the false impression that a final judgment has issued finding that Thomas was guilty of civil fraud."

After unsuccessfully trying to persuade Leagle to remove its report or update it, Plaintiff filed this lawsuit. Plaintiff alleges Defendant's allegedly misleading reporting constituted defamation, and "false light invasion of privacy."

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