From Weiler v. Google LLC, decided yesterday by the Ohio Court of Appeals, in an opinion by Judge Emanuella Groves, joined by Judges Michelle J. Sheehan and Sean C. Gallagher:
Shawn Weiler … appeals the trial court's judgment granting summary judgment in favor of defendants-appellees, Google LLC …; Portfolio Media, Inc., Justia, Unicourt Inc., Free Law Project, and Casetext, Inc., on his claim for libel.
On October 23, 2017, Weiler sued the Internal Revenue Service … in a dispute over his federal income tax. The records pertaining to the lawsuit were publicly available on Pacer, the federal court's electronic filing system. Weiler subsequently appealed the decision from his federal suit on August 1, 2019. During the four years that followed, Weiler had difficulty finding employment. He eventually learned from a job recruiter that a potential employer refused to hire him because an internet search of his name revealed the lawsuit and appeal against the government.
Weiler conducted his own internet search of his name, utilizing the Google search engine. The search returned the results of his federal lawsuit on several websites. Weiler attempted to remove any reference to the lawsuit from online public access….
In pertinent part, Weiler alleged that Google recklessly indexes websites with no regard for the consequences of its search results. Weiler claims that Pacer allows Google to return search results from its website without his permission, allowing access to his personal, sensitive information. As a result, Weiler's reputation has been damaged and he has been unable to obtain suitable employment….
