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

Elegant Angel Drops Cherry Kiss Showcase 'Cherry on Top'

Elegant Angel has released its new showcase of multi-XMAs winner Cherry Kiss, titled "Cherry on Top."

Jennifer White Launches Official Site, Debuts 1st Release

Reigning XMAs Female Performer of the Year Jennifer White has launched her new website, JenniferWhite.com, and announced the first feature-length showcase from her new production company.

Brandi Swan Performs 1st Anal in Her Evil Angel Debut

Brandi Swan performs her first anal scene in her Evil Angel debut alongside Mark Wood in "Anal & MILFY #2."

Audrey Bitoni Returns to New Sensations

Audrey Bitoni stars with Nathan Bronson in the latest release from New Sensations.

Brazzers Premieres Ricky Greenwood's Sci-Fi Comedy Feature 'Mega Perv'

Brazzers has released “Mega Perv,” a Los Angeles-based science fiction comedy film from multi-XMAs winner Ricky Greenwood.

Adult Game Fest Announces Nominees for Inaugural Awards Show

Organizers for the inaugural Adult Game Fest convention and trade show have announced the nominees for the event's awards ceremony, taking place Saturday, Sept. 26, at 5 p.m. (PDT).

Alice XO, Irish Bull Make Immoral Debuts

Alice XO and 2025 Euro XMA Male Creator of the Year Irish Bull have made their debut for Immoral Productions, alongside John Price and studio honcho “Porno Dan” Leal.

Byborg Enterprises Joins Pineapple Support as Sponsor

Byborg Enterprises has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Chloe Lin Makes Makes Her Adult Debut With TeamSkeet

Chloe Lin has made her adult debut alongside Wendy Raine in the latest release from TeamSkeet.

XBIZ 2027 Hotel Room Booking Now Open

Hotel booking is now open for XBIZ 2027, giving attendees the opportunity to secure their stay at the host venue, JW Marriott L.A. Live.

Show More