Yelp, Inc. v. Hadeed Carpet Cleaning, Inc.

HALEY, S.J.,

concurring, in part, and dissenting, in part.

I concur with the majority: (1) that the trial court had subpoena jurisdiction over Yelp, and (2) that Code § 8.01-407.1 provides a procedural and substantive path of analysis for determining the propriety of issuing an unmasking subpoena duces tecum which constitutionally balances the First Amendment protection of an anonymous speaker and the right of redress for defamation.

Code § 8.01-407.1(A)(1)(a), (b), and (c) define the “supporting material” to be attached to the request for an unmasking subpoena duces tecum. This dissent…