The ruling marks the second time U.S. District Judge Jeremy Fogel has turned away a host of claims brought by KinderStart, an education website, against Google.
In July, Fogel ruled against KinderStart, saying that allegations that the search engine used its own internal search rank criteria, which dropped the company’s page to the bottom of the pack, did not amount to antitrust violations. The company also failed to persuade Fogel that Google had violated its right to free speech, or that the search engine had libeled KinderStart by dropping its ranking.
In September, KinderStart again brought its claim against Google before Fogel, this time seeking class action status on behalf of other companies allegedly libeled by low search rankings.
“KinderStart has failed to explain how Google caused injury to it by a provably false statement, as distinguished from an unfavorable opinion about KinderStart.com's importance,” Fogel said.
Fogel also said he would impose yet-to-be-determined sanctions against KinderStart counsel Gregory Yu for making unsupported allegations against Google. Fogel had ordered Yu to remove some of those allegations from his complaint prior to the ruling, but Yu had not done so.
“While Yu has brought a novel challenge to a major corporation, it is apparent that to some extent he has overreached in doing so,” Fogel said. “Yu had a professional responsibility to refrain from filing such allegations if he did not have appropriate supporting evidence.”
Fogel will determine a sanction for Yu in 14 days. He also awarded Google attorney’s fees.
Yu said he was exploring all of his options, but did not commit to an appeal.
Google lawyer Hilary Ware said her client was pleased with the outcome.
“We always felt these claims were unjustified, because courts have consistently rejected complaints over search engine rankings, so we're pleased that Judge Fogel promptly dismissed this case,” she said.
The case is Kinderstart.com vs. Google Inc., 06cv02057.
