Krinsky v. Doe No. 6

72 Cal. Rptr. 3d 231 (2008)

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Krinsky v. Doe No. 6

California Court of Appeal
72 Cal. Rptr. 3d 231 (2008)

  • Written by Serena Lipski, JD

Facts

Lisa Krinsky (plaintiff) was an executive of SFBC International, Inc. (SFBC), a publicly traded company. Krinsky and other SFBC executives, including Jerry “Lew” Seifer, with whom Krinsky was reputed to have a personal relationship, were the subject of several offensive and demeaning anonymous posts on a Yahoo financial message board. Krinsky filed a defamation suit against six Doe defendants in Florida court and then served a subpoena on Yahoo’s custodian of records ordering the disclosure of the identities of the six anonymous users. Doe 6, whose screen name was Senor-Pinche-Wey, posted comments referring to SFBC executives as cockroaches, as well as “boobs, losers and crooks.” Many posts described intimate acts between Seifer and Krinsky in a disgusting manner and called Krinsky’s degree from a West Indies medical school fake. Yahoo notified Doe 6 that it would comply with the subpoena unless Doe 6 filed a legal objection. Doe 6 filed a motion to quash the subpoena in a California court. The court denied the motion, and Doe 6 appealed.

Rule of Law

Issue

Holding and Reasoning (Elia, J.)

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Casebooks

Advanced Tort Law

Cyberspace

Torts

Key Terms

  • DefamationA false statement about a person that the speaker or writer knew or reasonably should have known was false that harms the person’s reputation as a result of the statement being published to third parties.
  • John Doe LawsuitA lawsuit by which a plaintiff asks a court to reveal the identity of an anonymous speaker on the internet in order to bring a defamation or privacy claim against the speaker.

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