Monday, May 19, 2008

MySpace Suit Dismissal Affirmed

A minor (referred to as Julie Doe) sued MySpace after being allegedly sexually assaulted by someone she met through MySpace. Her complaint alleged that her assailant ought not to have been able to access her profile, but that he lied about his age. She alleged that MySpace's failure to ensure that he was in fact as young as he claimed was negligence. The suit was dismissed by the trial judge, and the Fifth Circuit affirmed last Friday.

CNN has the story; the opinion is here [PDF]. The Fifth Circuit affirms the dismissal based on the CDA and does not reach issues of duty under Texas law.

--BC

http://lawprofessors.typepad.com/tortsprof/2008/05/myspace-suit-di.html

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