Doe v. Hon. Eddy Coleman

Plaintiff filed an action against several anonymous users of the website Topix (collectively, “the John Does”) alleging that the John Does had recklessly posted defamatory statements about him on the website. Plaintiff issued subpoenas to Topix and another internet provider seeking the identity and address of John Does 1 and 2. The two John Does filed a motion to quash the subpoenas. The trial court denied the motion to quash. The John Does subsequently filed a petition for a writ of prohibition with the Court of Appeals. The Court of Appeals required Plaintiff, in order to obtain the identities of the John Does, to make a prima facie showing that defamation had occurred under the Delaware case in Doe v. Cahill. On remand, Plaintiff sought to prove his prima facie case. The circuit court then ordered subpoenas to be served and ordered counsel for the John Does to disclose their identities. The John Does filed another writ petition in the Court of Appeals. The court denied the petition, concluding that Plaintiff had made a prima facie case. The Supreme Court reversed, holding that Plaintiff failed to make an adequate prima facie case of the elements of defamation to allow him to obtain the John Does’ identities. View "Doe v. Hon. Eddy Coleman" on Justia Law