February 15, 2007
CDA Blocks MySpace Suit
Via Overlawyered, the LA Times Story summarizes the Judge Sparks opinion [PDF via Bashman]. In addition to the CDA immunity, the Court also explicitly finds no duty under Texas law (making me flatly wrong (comments)), mostly addressing nonfeasance issues but particularly noting the context, where the plaintiff herself misrepresented her age.
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I practice before Sparks and like him, but I think your arguments on duty are better. Contrary to the opinion, there are plenty of cases where Texas law requires a duty to not act in a way that facilitates harm by a third party. For example, off the top of my head, cases find there is a duty not to negligently entrust a vehicle to another, a duty not to negligently hire employees or independent contractors, and a duty not to leave a gun around so a kid can shoot a third party.
There would obviously be huge issues later on dealing with causation, particulary in terms of the Texas responsible third party statute. But I think Sparks's duty argument is off.
Posted by: Brooks Schuelke | Feb 15, 2007 8:03:11 AM