U.S. Appeals Court: ModelMayhem.com May Be Liable

SAN FRANCISCO — Operators of ModelMayhem.com may be liable after two site users lured a woman to a bogus casting call where they drugged and raped her, according to a ruling today at the 9thU.S. Circuit Court of Appeals.

In reviving the case of a model known as a Jane Doe, the court tossed a lower court ruling that previously dismissed the civil action after finding it barred under Section 230(c)1 of the Communications Decency Act. The CDA limits the liability of an online publisher for user-created material.

Doe, who sued ModelMayhem.com for negligent failure to warn, claimed the company knew but failed to warn users that two men, Lavont Flanders and Emerson Callum, would use the  website to lure victims to the Miami area for bogus modeling auditions. The men, she said, then drugged, raped and filmed her.

Earlier this year, the 11th U.S. Circuit of Appeals ruled to uphold the convictions of Flanders and  Callum, who were given consecutive life sentences in prison for their activities.

The 9th Circuit today found the CDA section inapplicable because Doe does not seek to hold ModelMayhem.com liable as the publisher "of content someone posted on the Model Mayhem website, or for [their] failure to remove content posted on the website."

The suit asked the court to hold parent company Internet Brands liable for failing to warn her about how the men used the website to lure rape victims.

"The duty to warn allegedly imposed by California law would not require Internet Brands to remove any user content or otherwise affect how it publishes such content," the appeals court wrote. "Any obligation to work could have been satisfied without changes to the content posted by the website's users."

The 9th Circuit remanded the case to the lower court consistent with today's opinion.

Internet Brands acquired the site from its original developers, Donald and Taylor Waitts, in 2008. According to the court brief, when the company learned of Flanders and Callum's scheme, it sued the Waitts for not disclosing the activities.

Today's ruling

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Ricky's Room Drops 2nd Installment of Ivy Lebelle Trilogy Release

Ricky’s Room has released “Twice as Nice,” a new DP scene starring Ivy Lebelle, Mazee the Goat and studio honcho Ricky Johnson, and the second installment of its latest trilogy release, titled "Ivy's Room."

TeamSkeet Debuts 3rd Installment of 'Swapception'

TeamSkeet has released the third installment of its latest feature, "Swapception," from its new studio brand Swappz.

U.S. House Revives Controversial KOSA in 2.0 Version

The U.S. House Committee on Energy and Commerce advanced last week two internet regulation bills, including a revived, vastly revised version of the controversial Kids Online Safety Act (KOSA), which had stalled after passing the Senate.

Carnal Media Partners with NMG Management for Brand Expansion

Carnal Media has inked an exclusive deal with brand management company NMG Management.

Angela White Drops Multi-Director Retro Gonzo Showcase 'Fuck Angela'

Multi-XBIZ Award winner Angela White has released a retro gonzo showcase with scenes directed by six industry legends.

Lauren Phillips Stars in Latest From MYLF

Lauren Phillips stars with Anthony Pierce and James Bang in the latest release from MYLF, titled “Winners Get Pussy Prize.”

Cecelia Taylor Stars in 'Pedicure' From Deeper

Cecelia Taylor stars with Milan in "Pedicure," from Vixen Media Group studio imprint Deeper.

Mick Blue Speaks About His New Role on Mainstream Soap 'General Hospital'

Mick Blue appeared last week in two episodes of the longest-running American soap opera currently in production, “General Hospital.”

Holly Randall Launches 1st Art Exhibit, Photo Book With Star-Studded LA Opening

Holly Randall held her first solo art exhibit this weekend, which also served as the unveiling of “Dynasty,” the first art collection retrospective of her acclaimed photographs, featuring some of the most notable adult and mainstream models.

Show More