Sabbato v. Hardy, et al.

On December 22, 1999, the appellant, Lori Sabbato, filed a complaint against the appellee, James Hardy and John/Jane Does, concerning defamatory comments about the appellant posted on a website.  On April 11, 2000, the trial court granted appellee's motion to dismiss based on the immunity provided by section 230 of the Communications Decency Act of 1996.  On December 18, 2000, however, the appellate court reversed, holding that the lower court erred in granting the motion to dismiss because the complaint alleged that the appellee had participated in, rather than merely distributed, the allegedly libelous remarks.  Accordingly, the court held, further evidence was needed before it could be determined whether section 230 immunity was available to the appellee.  For more information, click on the opinion below.

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Sabbato v. Hardy, et al. Appellate Court Opinion