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 © 2026 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

Emily Walters Makes Her WIFEY Debut

Emily Walters has made her debut for Vixen Media Group imprint WIFEY alongside her husband Andy and Terry Banks in the latest installment of the studio's series "WIFEY Vacay."

Hime Marie Makes Her MILFY Debut

Hime Marie has made her debut for Vixen Media Group studio imprint Blacked alongside Damion Dayski, directed by W.C. Walker.

Silvia Saige. Leana Lovings Star in Latest From Bellesa Plus

Silvia Saige and Leana Lovings star with Nathan Bronson in the latest release from Bellesa Plus, titled "Under Her Influence."

Blake Lovely, Esme Rogue Star in Latest From TGirls.porn

Blake Lovely and Esme Rogue star in the latest release from Grooby paysite TGirls.Porn, titled "The Great Outdoors."

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Private Drops Latest Volume of 'Flight Attendants Fuck Better'

Private has released the second volume of "Flight Attendants Fuck Better," directed by Xavi Rocka.

Erika Lust Talks Parenting, Personal Growth and the Power of Porn at LA Book Launch

Acclaimed director and producer Erika Lust, founder of the Barcelona-based studio that bears her name, brought her new book “Lust: Pleasure, Performance, Power” to a packed Dynasty Typewriter theater in Los Angeles Tuesday night for a spirited reading.

Playhaus Network Launches Podcast Platform Through PAYSITE

Entertainment website The Playhaus Network is launching its new podcast platform through PAYSITE.

Jesse Pony, Alexa Chains Headline Latest 'Hookup Hotshot: Internet Sex Addicts'

Jesse Pony and Alexa Chains topline the 13th volume of director Ryan Gozzling's "Hookup Hotshot: Internet Sex Addicts" for Evil Angel.

Show More