Danni Ashe's $3M Defamation Case Is Heard at 9th Circuit

Danni Ashe's $3M Defamation Case Is Heard at 9th Circuit

LOS ANGELES — A federal appeals court recently heard oral arguments in Danni Ashe’s long-running $3 million defamation case against the Daily Mail of London for publishing her photo within an article about an HIV-positive adult actress.

Ashe’s civil suit against the Daily Mail was put on hold after the publishing company appealed a district judge’s decision allowing the case to move forward.

The recent 39-minute hearing at the 9th U.S. Circuit Court of Appeals’ courthouse in Pasadena, Calif., offered some indication that the three-judge panel hearing the case might side with Ashe over the two appellate issues at hand, paving the way for a jury trial.

A video of the oral arguments can be seen here.

Ashe’s civil case against the Daily Mail stemmed from an online article that surfaced in 2013 informing readers that a performer tested positive for HIV at the height of an STI crisis in Porn Valley.

The Daily Mail article at the center of the case disclosed that XBIZ reported that a performer — later identified as Cameron Bay — had testified HIV positive.

The Daily Mail news piece includes a stock image of Ashe posing on a bed in lingerie in a provocative manner, accompanied with the caption, "Moratorium: The porn industry in California was shocked on Wednesday by the announcement that a performer had tested HIV positive."

Ashe claimed that the Daily Mail never sought permission to use her image and didn't include any disclaimer that she was not the HIV-positive performer in question.

The Daily Mail later removed Ashe’s picture but purportedly did not respond to demands to publish a retraction. She later filed the libel suit.

The Daily Mail argues that Ashe is so well known that she is an all-purpose public figure for the purposes of defamation and that neither an editor or production staff member who pulled the pic from a database knew who Ashe was and thus could not have intended to convey that she was HIV positive.

On appeal, the Daily Mail's case boiled down to two main points — that the article was not susceptible of a defamatory meaning and that the declarations from Daily Mail staff swearing they had no intention of defaming Ashe completely immunizes the publication based on a broad interpretation of two 9 th Circuit opinions, Newton and Dodds, cited in the briefing.

Attorney Steven Weinberg of the Wein Law Group told XBIZ today that “the 9th Circuit panel “quickly rejected the Daily Mail's first argument and will likely rule — consistent with [the lower court] — that the published article is easily susceptible of a defamatory meaning about Ashe and let the matter proceed to jury trial.”

“The second issue is where the case will be decided and it is my hopeful expectation the panel will rule that declarations of innocence by reporters do not comprise ‘get out of jail free’ cards for the tabloid press and that Newton and Dodds do not add an additional proof requirement of subjective reporter malice to the 'reckless disregard' standard in New York Times v. Sullivan,”  he said.

Weinberg noted he was “cautiously optimistic” the 9th Circuit will affirm the lower court’s decision and rule that Ashe's lawsuit “is not an action ‘masquerading’ as a legitimate claim for the purpose of chilling free speech but rather, a viable and tenable action against the Daily Mail for hurtful and reckless folly that damaged her reputation.”  

“That would be a big win for Ms. Ashe," Weinberg said. "A further win against the tabloid press (in general), would be a decision clarifying (and limiting) the application of Newton and Dodds and a ruling that those decisions are limited to the particular facts and circumstances salient in those cases.”

Attorney Katherine Bolger, who argued the appeal for the Daily Mail, did not respond to XBIZ for comment on the appeal.

Ashe founded Danni' s Hard Drive in 1995 and later became known as the "most downloaded woman on the Internet." She appeared 30 movies, 23 TV appearances and made regular appearances on her website

Ashe's business made $6.5 million in profit in 2001 and maintained 50 full-time employees at the time.

Penthouse Media Group Inc. purchased her companies, Danni Ashe Inc. and Video Bliss Inc., for $3 million in 2006. The acquisition included Danni.com, DannisHotBox.com and DannisHardDrive.com — all known for busty models, live webcasts and girl-girl videos.

Pictured: Screen shot in court documents depicting Danni Ashe in the Daily Mail’s 2013 HIV story

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

PASS to Host Online 'Office Hours' Town Hall on Mgen Testing

PASS will host a monthly Office Hours virtual town hall meeting for all adult industry members, focusing on concerns over rectal Mgen testing.

Texas Court Orders Adult Site Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Alina Lopez Leads Latest From Bellesa Plus

Alina Lopez stars with Danny Mountain in a release from Bellesa Plus, titled “In The Coach.”

Hazel Moore, Melanie Marie & Della Cate Star in Latest From Blacked

Hazel Moore, Melanie Marie, and Della Cate star in the latest scene from Vixen Media Group studio imprint Blacked.

Adult Web Hosting Service 'QloudHost' Launches

QloudHost, a new web hosting service for adult websites, has launched.

Anissa Kate Fronts Latest From Brazzers VR

Anissa Kate stars with Isiah Maxwell in the latest release from Brazzers VR, titled "She Wants You, Daddy!"

Adult Time Drops Latest Installment of Jim Powers' 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload," titled "Carpool Overload."

Lilly Bell Leads Latest From Brazzers

Multi-XMAs winner Lilly Bell stars with Christian Clay and Mick Blue in the latest Brazzers release, "Hoeing up the Bromance."

Penthouse Names Ccinnamon as July's 'Pet of the Month'

Penthouse Magazine has named Ccinnamon as Pet of the Month for July.

Peter Hooke Launches New Paysite

Peter Hooke has launched an official website through PAYSITE.

Show More