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 © 2025 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

Beca Barbie Makes Her Hookup Hotshot Debut

Beca Barbie has made her debut for Hookup Hotshot alongside Nade Nasty.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult, Could Face Override

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Valerica Steele Headlines Jonni Darkko's 'DVP Sluts'

Valerica Steele toplines director Jonni Darkko’s “DVP Sluts,” from Evil Angel.

Michael Ninn Returns With 'Catherine' Sequel Made Entirely by AI

Veteran filmmaker Michael Ninn, though retired from the adult business for the past 10 years, recently unveiled a new episodic project titled "Catherine II: The Series," which serves as a sequel to his 2005 adult film "Catherine."

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Alison Rey Stars in Latest From New Sensations

Alison Rey stars with Isiah Maxwell in the latest release from New Sensations.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

Bad Bella Fronts Latest From MYLF

Bad Bella stars with Hayden Wild in the latest release from MYLF.

Show More