ModelMayhem Granted Rehearing in 'Failure to Warn' Case

SAN FRANCISCO — Lawyers for ModelMayhem.com will be back at the 9th U.S. Court of Appeals on Wednesday arguing that the site shouldn’t be held civilly liable in the case of two site users who lured a woman to a bogus casting call where they drugged and raped her.

ModelMayhem.com earlier this year was granted a motion for rehearing of the case by the federal appeals court.

Last year, a 9th Circuit panel tossed a lower court and ruled that the Communications Decency Act did not bar the woman’s “failure to warn” claim against ModelMayhem.com, which is operated by Internet Brands Inc.

The woman, known as Jane Doe No. 12, 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.

Flanders and Callum were tried and convicted and given consecutive life sentences in prison for their activities.

The case has attracted the attention of numerous Internet companies and organizations that have sided with ModelMayhem.com.

In an amicus brief, Facebook, Craigslist, Tumblr, the Computer and Communications Industry Association, The Internet Association and Care.com said that they have settled on interpretations granting broad immunity to online intermediaries for harms arising from third-party content

"Amici and their members have a substantial interest in the legal rules governing whether providers of interactive computer services may be subjected to lawsuits for alleged harms resulting from online exchanges of information,” the companies and organizations wrote in a brief to the court last fall. “Because they serve as platforms for communication among billions of users, amici have been, and inevitably will continue to be, parties to lawsuits in which they invoke immunity under Section 230 of the Communications Decency Act, 47 U.S.C. § 230(c)(1).

“The success of these online businesses — and the vitality of online media and online free speech generally — depends on their being shielded from the risks, burdens, and uncertainty of lawsuits that would hold them liable for hosting or facilitating online exchanges of third-party information that may result in harm.”

Oral arguments are set for April 8 at 1:30 p.m. at the 9th Circuit's Pasadena, Calif., courthouse.

View amicus brief in case

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

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

'Collective Corruption' Relaunches Through PAYSITE

Fetish and BDSM membership site Collective Corruption has relaunched through PAYSITE.

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Syren De Mer, Eddie Patrick Cap AEBN's Top Stars for 1st Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the first quarter of 2026.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

'iDealgasmPlus' Launches Through PAYSITE

iDealgasmPlus.com has officially launched through PAYSITE.

Show More