Ninth Circuit Criticizes Attempts to Plead Around Section 230–Kimzey v. Yelp
7 02 2017[Note: Venkat represented Yelp in this case but was not involved in the preparation of this post.]
For all of the drama associated with Section 230 jurisprudence this year–including in the Ninth Circuit–it’s easy to forget that Section 230 still works well in simple cases when a plaintiff tries to hold a website liable for third party content. So it’s refreshing to get a straightforward Section 230 case that reaches the expected result. And it’s especially gratifying to see a court recognize–and reject–efforts to plead around Section 230.
The Opinion
Kimzey is a locksmith operating as Redmond Locksmith a/k/a Redmond Mobile Locksmith. “Sarah K” left a negative Yelp review of the business. Kimzey sued Yelp pro se. The district court easily tossed the lawsuit. The Ninth Circuit affirms.
Case citation: Kimzey v. Yelp!, Nos. 14-35487 & 14-35494 (9th Cir. Sept. 12, 2016)
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