ModelMayhem 'Failure to Warn' Case Going Back to 9th Circuit

ModelMayhem 'Failure to Warn' Case Going Back to 9th Circuit

PASADENA, Calif. — The 9th U.S. Circuit Court of Appeals will hear for a second time a long-running “failure to warn” case involving defendant ModelMayhem.com, which was sued by a woman who was raped after being lured to a bogus casting call.

The case has roots going back to 2006, when Lavont Flanders and Emerson Callum browsed model-posted profiles on ModelMayhem.com, contacted potential victims using fake identities, posed as talent scouts and lured the victims to South Florida for phony modeling auditions.

Once a victim arrived, Flanders and Callum used a date rape drug to put the victim in a semi-catatonic state, raped her and recorded the rape on videotape for sale and distribution as pornography, according to court records.

Flanders and Callum, as a result, were apprehended and given consecutive life sentences in prison for their activities.

Unnamed plaintiff Jane Doe, an aspiring model who became a member of ModelMayhem, fell victim to Flanders and Callum and later sued the “networking” website for damages.

Doe’s negligence suit against ModelMayhem.com’s parent company, Internet Brands Inc., ended up at the 9th Circuit last year after U.S. District Judge John Walter dismissed it on grounds that her claim was barred by Section 230 of the Communications Decency Act.

But the 9th Circuit reversed Walter’s dismissal of the suit and remanded the case back to his courtroom for further proceedings, concluding that the CDA did not immunize a website from a "failure to warn" claim.

Once the case was back to Walters court, ModelMayhem’s parent company moved to dismiss Doe’s suit — this time on the grounds that it had no duty to warn her of the pair's activities under California law.

Walter agreed with ModelMayhem’s parent company's argument and granted its motion to dismiss Doe's claims.

In his opinion that will be challenged at the 9th Circuit, Walters relied on two California cases: Tarasoff v. Regents of the University of California, which was a case in which the state Supreme Court held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient, and Rowland v. Christian, another case decided by the state Supreme Court that eliminated the categories of invitee, licensee and trespasser when determining the duty of care owed by a possessor of land to the people on the land.

“Although it may have been foreseeable that Flanders and Callum would strike again, Internet Brands only had knowledge of a threat to its member base at large, not to any specific member,” Walters wrote in his November ruling.

“Imposing a 'duty to warn' under these circumstances would, in the court’s opinion, only minimally increase the precautions already taken by website users and would also likely cause website operators to inundate and overwhelm their users with warnings, ultimately diluting the effectiveness of such warnings.”

At post time, the 9th Circuit has docketed Doe’s challenge, but the appellate court has not yet moved on the case.

View November's lower court 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

Charlotte Sins Fronts Latest From Kink.com

Charlotte Sins stars with Victor Ray in the latest release from Kink.com’s “Dungeon Sex” series, titled “Roped Up and Spread Out.”

Octavia Red Leads Latest From Kink.com

XMAs winner Octavia Red stars with director John Paul “The Pope” in the latest installment of Kink.com’s "Device Bondage" series, titled “Fiery Slut in Strict Bondage.”

Lilly Bell, Lana Smalls Star in Latest From Lust Cinema

Multi-XMAs winner Lilly Bell stars with Lana Smalls in the latest release from Lust Cinema, titled “Made to Taste.”

Carmela Clutch, Audrey Madison Front Latest Release From TeamSkeet

Carmela Clutch stars with Audrey Madison in the latest scene from TeamSkeet’s “Milfty” series.

StreamPayments Joins ASACP as Corporate Sponsor

Payment service provider and consultancy firm StreamPayments has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

AdultHTML Introduces Custom AI Projects Development Service

AdultHTML has introduced its customizable AI projects development service.

Violet Myers Makes Her Directorial Debut for Blacked Raw

Violet Myers has made her directorial debut with the latest scene for Vixen Media Group studio imprint Blacked Raw.

Grazyeli Silva Toplines Latest Volume of Joey Silvera's 'Trans-Active'

Grazyeli Silva headlines the 36th volume of director Joey Silvera’s “Trans-Active,” from Evil Angel.

Cali Sweets Fronts Latest From MYLF

Cali Sweets stars with Pierce Paris and multi-XMAs winner Derek Kage in the latest release from MYLF series “MYLF Singles.”

Andi Avalon Stars in Latest From New Sensations

Andi Avalon stars with reigning and three-time XMAs Male Performer of the Year Vince Karter in the latest release from New Sensations.

Show More