Appeals Court Rules for Grindr in Negligence Lawsuit

Appeals Court Rules for Grindr in Negligence Lawsuit

NEW YORK CITY — The 2nd Circuit U.S. Court of Appeals Wednesday ruled against a New Yorker who sued Grindr, alleging the company failed to take action when an ex-boyfriend used the hookup app to send 1,100 men to his home in an apparent harassment campaign.

The 3-0 decision against Matthew Herrick rejected his claims of negligence against Grindr. “Though U.S. Circuit Judges Dennis Jacobs, Reena Raggi and Raymond Lohier ruled against Herrick unanimously, they issued their decision via summary order, meaning that it cannot be cited as precedent. The Second Circuit hears appeals from New York, Connecticut and Vermont,” notes the Courthouse News Service (CNS). "Last year, U.S. District Judge Valerie Caproni expressed sympathy for Herrick’s experiences, but she ultimately found that Grindr was not at fault."

While the creation of the false profiles "may be sufficiently extreme and outrageous, Grindr did not create the profiles," said Judge Caproni in January 2018. Grindr’s attorney, Daniel Waxman, persuaded the court that the company is immune from liability under the Communications Decency Act (CDA) of 1996, the federal law that shields companies from liability for publishing third-party content.

Tor Ekeland, attorney for Matthew Herrick, argued the CDA is outdated and “cannot be applied to a 21st Century product-liability case,” he said. “They’re allowing Big Tech to knowingly profit from stalking, rape and murder, when Big Tech companies are the only ones who can stop it,” he told CNS.

Grindr touted the legal victory in a statement. “While we are sympathetic to the plaintiff’s situation, we are pleased that Grindr has been vindicated and that this matter was dismissed by the courts,” they said. “Grindr has and always will be committed to creating a safe and secure environment to help our community connect and thrive.”

Herrick’s suit against Grindr had been closely watched by the adult industry, particularly in the wake of FOSTA-SESTA, as it carried the potential to make companies legally liable for actions carried out by users of their platforms.

Click here for additional details.

Image source.

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

SWR Data Publishes 'Clip Trend' Report

Adult industry market research outfit SWR Data has published a report on the performance of clip platforms and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters, by country, for December and January.

Jim Austin Joins CrakRevenue Team

Strategist Jim Austin has been hired by CrakRevenue.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Holly Randall Soft Launches 'Wet Ink' Magazine

Holly Randall has officially soft-launched the creator-focused publication Wet Ink Magazine.

Show More