Controversial Judge Certifies Class Action in NCOSE-Promoted Pornhub Lawsuit

Controversial Judge Certifies Class Action in NCOSE-Promoted Pornhub Lawsuit

SANTA ANA, Calif. — A federal judge presiding over a civil lawsuit against Pornhub's parent company has granted class certification in the case to all persons who were minors when they appeared in content posted on that site since February 2011.

Judge Cormac J. Carney of the U.S. District Court for the Central District of California made the ruling on Friday, in a lawsuit filed on behalf of an anonymous Jane Doe who claims that Pornhub monetized underage images uploaded by third parties.

Carney, a George W. Bush appointee who stepped down from his previous post as chief judge of the court after making a racially insensitive comment about a court official, “wrote that the evidence submitted shows that the class is sufficiently numerous, and the claims involve common questions, including whether Mindgeek received or distributed the material, whether they deliberately avoided learning it was on their sites and whether they benefited from the material,” Law360 reported.

Carney also certified “a California subclass, with Doe as class representative and her attorneys at Susman Godfrey LLP as class counsel.”

As XBIZ reported, the lawsuit was originally filed during an ongoing campaign of legal actions by religiously motivated groups like NCOSE (formerly Morality in Media) and activists like Leila Mickelwait, who seek to shut down Pornhub owner Aylo — then MindGeek — and all online pornography.

The anonymous plaintiff was initially represented by Michael Bowe, a former lawyer for Donald Trump and disgraced evangelist Jerry Falwell Jr., who has appeared alongside Mickelwait before Canada’s parliament to demand the shuttering and prosecution of all MindGeek sites. Bowe was also prominently featured in the 2023 Netflix documentary “Money Shot: the Pornhub Story,” criticizing the tube site. 

Aylo, which owns Pornhub, is still referred to as MindGeek in this action and in some reporting because the case caption has not been updated.

An Aylo representative told XBIZ, "Out of respect for the integrity of court proceedings, our policy is not to comment on ongoing litigation. We look forward to the facts being fully and fairly aired in that forum."

Judge Repeatedly Slams Defendants in Decision

In his ruling certifying the class, Carney wrote, “It is terrifying to face a person or entity who participated in a venture that caused trauma. Here, individual survivors face one of the world’s largest pornography companies, in an aggressive litigation posture, who have retained law firms with considerable reputations.”

Carney further opined that “few, if any, individual survivors could muster comparable resources, nor is there any guarantee they could find counsel willing to work pro bono or on a contingency basis. Pooling these burdens among a group of survivors helps more survivors bring claims.”

In fact, powerful religious conservative lobbies and activists have invested considerable funds and energy in calling for, pursuing and supporting lawfare to shut down Aylo and other adult companies.

Some of Carney’s other statements about the merits of the case were characterized by loaded language seemingly condemning Pornhub and MindGeek/Aylo.

Carney contended that the case is not about money — as the defendant’s attorneys have argued — but about “compensating class members, protecting them from future harm and changing MindGeek’s alleged behavior, which is served by both damages and an injunction,” Law360 reported.

Industry Attorney Warns Caution

Industry attorney Corey Silverstein, of Silverstein Legal, emphasized that the certification decision is not a finding of liability against any of the defendants at this point in the case.

“Now that the court has granted class certification, the case proceeds as a class action and the decisions made in the case will generally bind all members of the certified class unless they opt out,” he noted.

Silverstein explained that to be certified as a class action, a lawsuit must meet specific criteria, including numerosity (the class must be so numerous that joinder of all members is impractical), commonality (there must be questions of law or fact common to the class), typicality (the claims or defenses of the representative parties must be typical of the claims or defenses of the class) and adequacy of representation (the representatives must fairly and adequately protect the interests of the class).

Judge Carney, the attorney continued, “was quite detailed in the order certifying the class, and while the defendants are presumably disappointed by the judge’s decision, this order doesn’t preclude the defendants from asserting any of their defenses that they have raised or intend on raising. The plaintiffs surely view this as a victory but should recognize that they still bear the burden of proving their claims.”

Silverstein also pointed out that defendants can immediately appeal orders granting or denying class certification. 

“It wouldn’t surprise me in the slightest to see an appeal forthcoming,” he added.

Industry members, Silverstein concluded, should continue to closely follow the progress of this case.

The case is Jane Doe v. MindGeek USA Inc. et al., case number 8:21-cv-00338, in the U.S. District Court for the Central District of California.

Copyright © 2024 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

Aylo Challenges EU's DSA Mandate to Reveal Legal Names of Advertisers, Including Performers

Aylo has filed an appeal with the Court of Justice of the European Union (CJEU) challenging the EU's Digital Services Act mandate to disclose the legal names of advertisers, including performers, in a publicly accessible database.

Irish Senate Endorses Age Verification Proposal Based on Anti-Porn US State Laws

The Senate of the Republic of Ireland — known by its Gaelic name Seanad Éireann — has endorsed an age verification bill introduced by a senator who said he was inspired by the U.S. state laws promoted by religious conservative anti-porn crusaders.

Meta Admits to Updating Database of Banned Images Based on 'Media Reports'

Meta has told its Oversight Board that the company relies on “media reports” when deciding to add images to its permanent database of banned content for its platforms, including Instagram and Facebook.

MintStars Launches Tipping Solution MintPay

MintStars has unveiled payment processing solution MintPay, aiming to make tipping creators easier for fans.

Popular Pakistani Actor and Director Yasir Hussain Proposes Legalizing Porn

Prominent Pakistani actor, director and TV personality Yasir Hussain has sparked debate in the majority-Muslim country by suggesting that pornography should be legalized there and that society should own up to so many Pakistanis already being habitual consumers.

AEBN Publishes Popular Searches for May and June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Senior Labour MP Launches Attack on All Porn, Sex Work

A senior Labour MP on Tuesday launched an attack against adult websites, saying they are “characterized by lawlessness,” and called for further criminalization of all sex work.

Conservative Taxpayers Group Criticizes KOSA's Overreach

Conservative newspaper The Washington Times on Tuesday published an opinion piece by the executive director of the Taxpayers Protection Alliance, criticizing the Kids Online Safety Act (KOSA) on constitutional grounds.

Los Angeles-Area Man Pleads Guilty to Wire Fraud Over Bogus Adult Sites

A Los Angeles-area man pleaded guilty on Monday to defrauding investors out of more than $1 million “by making false promises that they would receive an ownership interest in several adult entertainment webcam websites and then using their money on personal expenses, including luxury items,” according to the Department of Justice.

More Conservative Organizations Distance Themselves From Anti-Porn Project 2025

A growing list of conservative groups that previously endorsed Project 2025 — which calls for the criminalization of adult content production and distribution — have reportedly distanced themselves from the self-described “presidential transition” blueprint, following Donald Trump’s repeated claims that he disagrees with an unspecified number of its positions.

Show More