ModelMayhem Ruling Allows Another 'Failure to Warn' Case to Move Forward

ModelMayhem Ruling Allows Another 'Failure to Warn' Case to Move Forward

SAN FRANCISCO — In light of the recent ModelMayhem.com opinion by the 9th U.S. Circuit Court of Appeals, a Nevada woman who was nearly killed by her online date can pursue “failure to warn” claims against dating site Match.com.

Thursday’s ruling involves plaintiff Mary Beckman, who was stabbed 10 times and stomped on by her Match.com date, Wade Ridley. Beckman had been left for dead and required numerous surgeries to repair her jaw, remove part of her skull and preserve her eyesight and hearing.

A three-judge panel with the 9th Circuit on Thursday said the case against Match.com should be remanded to the district court, ruling Beckman should have a chance to prove that Match.com knew Ridley had been paired with and attacked others using its platform.

The 9th Circuit based its ruling on its recent ModelMayhem.com decision. In that case, the court held that Section 230 of the Communications Decency Act did not bar civil claims made by a woman who was drugged, raped and filmed after she was lured to a bogus casting call on ModelMayhem.

Under the CDA websites are not liable for information posted on their sites by third parties.

But the appeals court said actual knowledge of foreseeable harms is a much different matter, since statutes provide that defendants such as ModelMayhem.com and Match.com have a duty to warn in such instances.

"In [the ModelMayhem case], we held that at the pleading stage, the CDA did not preclude a plaintiff from alleging a state law failure-to-warn claim against a website owner who had obtained information from an outside source about how third parties targeted and lured victims' through that website platform," the 9th Circuit ruled in Thursday’s unpublished decision.

"Importantly, [the ModelMayhem] claim did not seek to impose liability for the website owner's role as a 'publisher or speaker' of third-party content, for its failure to remove that content, or for its failure to monitor third-party content on its website," the court decided.

"At oral argument, Beckman's counsel represented that if granted leave to amend, Beckman could allege that Match had actual knowledge that Ridley had identified and attacked other women using Match's service prior to his attack on Beckman."

The 9th Circuit said that in light of the ModelMayhem ruling, Beckman should have the opportunity to cure deficiencies in the case and air her failure-to-warn claim.

Ridley, the Match.com date, was convicted of killing an ex-girlfriend in Phoenix. He died in prison a year before Beckman sued Match.com for $10 million.

Ridley also had a lengthy criminal history prior to the murder, including arrests in 1992, after he tried to commit suicide by police officer, in 1999 for domestic violence and in 2001 for battery.

The ModelMayhem case, which spurred Thursday’s ruling in Beckman’s case against Match.com, attracted the attention of numerous internet companies that have said the decision opens the door for lawsuits against or have a “detrimental chilling effect” on internet services providers.

The case, industry experts tell XBIZ, has a good shot at being reviewed by the U.S. Supreme Court.

 

View ruling

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

Pornhub Awards Fiesta: A Night of Music, Dancing and Camaraderie

The eighth annual Pornhub Awards transformed Los Candiles Night Club in Glassell Park into a celebration of glamour, glitter, fashion and fame Wednesday night, as performers, creators and industry insiders toasted the year’s winners and danced late into the night while Diplo and Midnight Mary kept the party pulsing from behind the decks.

Ukrainian Parliament Rejects Porn Decriminalization Bill

The Verkhovna Rada, Ukraine’s parliament, on Thursday voted against passage of a bill that would have decriminalized the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

FSC Launches Pride Fundraising Drive

The Free Speech Coalition (FSC) has launched its Pride Fundraising Drive to support its efforts on behalf of the LGBTQ+ community.

Cultpix Debuts AI-Generated Vintage Adult Films at Cannes

At this year’s Cannes Film Festival, B-movie streaming service Cultpix debuted a collection of AI-generated short films drawn from erotic magazine photo spreads published 50 years ago.

Ofcom Fines Youngtek Solutions $800K for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed fines totaling 600,000 pounds (more than $800,000) against adult site operator Youngtek Solutions for failing to implement age checks and respond to information requests as required for compliance with the Online Safety Act.

Pornhub Launches Lesbian Site 'Pornhub Sapphic'

Pornhub has launched Pornhub Sapphic, a site dedicated to female and non-binary content and creators.

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Paysite Confidential: Inside the Creator Economy's Shift Toward Ownership

For years, the adult industry’s creator economy has been defined by platforms — powerful engines of discovery, monetization and scale that reshaped how performers connect with their audiences.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Show More