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 © 2024 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

Cherie DeVille, Abigaiil Morris Star in Latest From Brazzers

2023 XBIZ Performer of the Year Cherie DeVille stars with Abigaiil Morris and Alex Jones in "Fuck Around in Her Diner and Find Out," from Brazzers.

LoyalFans Announces Banksie Collaboration With I-5 Billboard

LoyalFans has announced its new collaboration with content creator Banksie (formerly known as Lindsey Banks) with a billboard on I-5, between L.A. and Las Vegas.

Chaturbate Reaches Settlement With Texas Over Age Verification

Chaturbate’s parent company Multi Media reached a settlement with the State of Texas regarding the state's controversial age verification law, HB 1181.

TTS Adds a 2nd European Location in Prague

Talent Testing Service (TTS) is now offering a new partner site in Prague, Czech Republic.

Lauren Phillips Debuts 2 New Releases on Adult Time

Reigning XBIZ MILF Performer of the Year Lauren Phillips has released new episodes of "Choose Your Angle" and "Switch," from Adult Time.

MYLF Drops New Feature 'The House Bunny' for VIP Members

MYLF has released the full version of its latest feature, "The House Bunny," starring April MYLF of the Month Bunny Madison, exclusively for its VIP subscribers.

Baby Gemini Stars in Latest Release From Ricky's Room

Baby Gemini stars with Damion Dayski in "One Ticket to Pound Town," from Ricky's Room.

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Molly Little Headlines 1st Installment of Seth Gamble's 'Luminati'

LucidFlix has released the debut installment of "Luminati," the new cinemacore directing collaboration between reigning XBIZ Performer of the Year Seth Gamble and Siren Obscura, starring Molly Little.

Show More