A $4.5 million defamation suit filed by the SPCA of Upstate New York against the American Working Collies Association (AWCA) for its criticism of the animal shelter may help shape how internet defamation litigation is handled in the future, according to The Post-Star.
The SPCA (Society for the Prevention of Cruelty to Animals) appealed the dismissal of its lawsuit to New York State's highest court, the Court of Appeals, which agreed to hear its case. The New York Supreme Court is actually the state's lower court.
The SPCA chapter sued the AWCA and its president, Jean Levitt, over comments made by Jean Levitt that were critical of care the SPCA provided to rescued collies. The suit was dismissed for jurisdiction reasons; AWCA is based in Ohio and Jean Levitt lives in Vermont.
But while the decision by New York's highest court officially would set legal precedent only in the state, Atlanta injury lawyers who handle defamation cases may want to follow this case for clues on how to litigate such matters.
Internet defamation is a relatively new area of law with few precedents. Since the internet has allowed virtually anyone with a connection to publish their opinions, often anonymously, such cases have become quite common.
Tucker Stanclift, the attorney representing the SPCA, argued that jurisdiction had indeed been established when Jean Levitt and other AWCA members came to the New York animal shelter to check on the collies.
He addressed the larger issue of online defamation and how this case may clarify how such cases involving parties in different states might be tried:
"It provides hope we can clarify the issue of law when it pertains to the use of Internet in defamation cases. It's an injustice to have statute protect people in a case like this."
The key issue on appeal is whether the defendant has established "business contacts" in the state where it's being sued.
Has someone tarnished your reputation online? Ask an Atlanta injury attorney whether you have a claim.
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