Court Allows Dentist To Sue Writer Of Bad Yelp Review
A California court has ruled that dentist Yvonne Wong can continue to pursue a lawsuit against a husband and wife who allegedly panned her on the review site Yelp.
Judge William Elfving of the Santa Clara County Superior Court found that Wong had shown "a probability of success on the merits" against Tai Jing and Jia Ma. The ruling doesn't mean that Wong will win the lawsuit, only that she has alleged sufficient facts to move forward to trial.
The couple's lawyer, Paul Clifford of the California Anti-SLAPP (Strategic Lawsuits Against Public Participation) Project, said his clients are inclined to appeal Elfving's ruling.
"We don't agree with the way he analyzed it. That's why we have courts of appeal," Clifford said.
Wong alleged in her lawsuit that the couple defamed her by complaining on Yelp about the treatment their son received when he was 4 years old. The post said that the boy was lightheaded from laughing gas and that he received a filling containing mercury.
Wong said those statements libeled her and caused her emotional distress. Her lawyer, Marc TerBeek, argued that the post implied that Wong had not sought the parents' informed consent.
The parents had tried to get the case dismissed under California's consumer-friendly anti-SLAPP law, which provides for dismissal of lawsuits that aim to stifle discussion on matters of public importance. The state also allows defendants to recover their attorneys' fees in such cases. Among other reasons, the parents argued that their motion should be granted because the safety of mercury fillings was a topic of public interest.
Wong also initially sued Yelp, but the federal Communications Decency Act immunizes the site from libel lawsuits stemming from user comments. Wong's lawyer eventually withdrew that case, but not before Clifford filed a motion to dismiss. Elfving didn't address Yelp's argument in his ruling--presumably because the case had already been withdrawn. But Clifford says that Yelp was still entitled to official vindication, and has already directed him to appeal Elfving's failure to dismiss the lawsuit.
0 comments on "Court Allows Dentist To Sue Writer Of Bad Yelp Review".
Leave a Comment
Recent Online Media Daily Articles
-
Weather.com Develops Real-Time Data Ad Targeting May 17, 5:12 p.m.
Weather.com has begun using audience segmentation data from Lotame to develop real-time ad targeting services based ... -
MetroPCS Drops Challenge To Neutrality Rules May 17, 4:44 p.m.
T-Mobile's newly acquired MetroPCS withdrew its challenge to the Federal Communications Commission's net neutrality rules on ... -
'Geo-Conquesting' Drives Higher Mobile Click Rates May 17, 3:56 p.m.
The practice of conquesting -- running advertising for a brand or product near editorial content about ... -
Cox-Backed, Skyword Raises $6.7 Million To Enhance Content Creation May 17, 3:34 p.m.
Internet services and utilities will rely more on content as the industry matures. Shereta Williams, vice ... -
Ford, Jeep, Chevy Top Digital Auto Brands May 17, 1:09 p.m.
On the digital proving track, Detroit is beating out the competition. Ford, Jeep and Chevrolet were ... -
Choosing Sides: VivaKi Backs comScore; ABC Throws In With Nielsen May 17, 9:52 a.m.
In a battle to control the future of the ad industry’s currency, Nielsen and comScore each ... -
Yahoo Adds Tweets To News Feed May 16, 6:18 p.m.
Yahoo will incorporate selected tweets into the news feed on its redesigned home page through a ... -
Mozilla Puts Cookie-Blocking On Hold May 16, 6:16 p.m.
Mozilla is putting the brakes on plans to block third-party cookies by default in the upcoming ... -
Mobile Ad Results In Line With Rich Media May 16, 5:39 p.m.
Mobile display ads perform roughly on par with rich media ads in terms of click-through and ... -
Google Plans To Transition Brands Into Content-Driven Advertising May 16, 4:30 p.m.
Google wants technology to "step out of the way" as developers integrate it into everyday life. ...
Dentists can be rated anonymously at sites like HealthcareReviews.com , good luck going after bad reviewers there. What do these dentist's plan next, attempt to shut down the internet? They are showing their ignorance, not someone I'ld like working on my teeth. They should be referring patients there instead, it would be free advertising and provide valuable patient feedback they otherwise would not get.