Legal Opinion
Douglas Kimzey v. Yelp!
Court of Appeals for the Ninth Circuit
Decided September 12, 2016No. 14-35487; 14-35494PublishedCited by 64 opinions
1Opinion of the Court
OPINION
McKEOWN, Circuit Judge:
Section 230 of the Communications Decency Act (“CDA”) “immunizes providers of interactive computer services against liability arising from content created by third parties.” Fair Hous. Council of San Fernando Valley v. Roommates.Com, LLC, 521 F.3d 1157, 1162 (9th Cir. 2008) (en banc) (footnote omitted) (citing 47 U.S.C. § 230(c)). This case pushes the envelope of creative pleading in an effort to work around § 230.
The complaint centers on two negative business reviews posted on Yelp’s website 1 about Douglas Kimzey’s locksmith business. Instead of asserting that…
2Cases cited17 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Nemet Chevrolet, Ltd. v. Consumeraffairs. Com, Inc.Court of Appeals for the Fourth Circuit · 2009
- Hangman Ridge Training Stables, Inc. v. Safeco Title InsuranceWashington Supreme Court · 1986
- Boris Levitt v. Yelp! Inc.Court of Appeals for the Ninth Circuit · 2014
12 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- La Liberte v. ReidCourt of Appeals for the Second Circuit · 2020
- Force v. Facebook, Inc.Court of Appeals for the Second Circuit · 2019
- Kristanalea Dyroff v. the Ultimate Software GroupCourt of Appeals for the Ninth Circuit · 2019
- Reynaldo Gonzalez v. Google LLCCourt of Appeals for the Ninth Circuit · 2021
- Law Offices of David Freyd v. Victoria ChamaraCourt of Appeals for the Seventh Circuit · 2022
59 more not listed; retrieve them via the Exa API.