Law X.0

Doctor's blog sinks malpractice defense

Interesting article from the National Law Journal:

"In a surpise move by opposing counsel in a recent malpractice suit, the defendant was revealed on the stand to have written prejudicial comments about the trial on his personal Web log. The case settled out of court the next day. Plaintiff's lawyer Elizabeth Mulvey says attorneys would be wise to make sure clients have not posted information on the Internet that could affect a trial."  (sub. req.)  [RJ]

Blogger Seeks to Retain Anonymity to Avoid Defamation Suit

Details on Law Librarian Blog. [JH]

Blog Definitions from Case Law

A “blog” is “an online personal journal with reflections, comments, and often hyperlinks provided by the writer.” Merriam-Webster’s Collegiate Dictionary (11th ed. 2005).

Bynog v. SL Green Realty Corp., 2005 U.S. Dist. LEXIS 34617 at *4 n.1 (S.D.N.Y. 2005).

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Blog: “A Web site (or section of a Web site) where users can post a chronological, up-to-date e-journal entry of their thoughts. Each post usually contains a Web link. Basically, it is an open forum communication tool that, depending on the Web site, is either very individualistic or performs a crucial function for a company.”  (Jensen, Netlingo the Internet Dictionary (1995-2004) <WWW.Netlingo.com/ inframes.cfm> (as of June 11, 2004) see also Davis, Rants, Rulings, & Recipes (June 2004) Cal. Lawyer, pp. 22-25.)

In re Stevens, 119 Cal. App. 4th 1228, 1236 n.3 (Cal. Ct. App. 2004).

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A blog, short for weblog, is an internet website where users interested in a particular topic can post messages for other users interested in the same topic to read and answer if they wish. When users post information on a blog, they often do so using a pseudonym referred to as a “user name.”

Cahill v. Doe, 879 A.2d 943, 945 n.1 (Del. Super. Ct. 2005) (reversed and remanded by John Doe no. 1 v. Cahill, 884 A.2d 451 (Del. 2005).

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A blog is an internet website where users interested in a particular topic can post messages for other users interested in the same topic to read and respond if they wish.

Klehr Harrison Harvey Branzburg & Ellers, LLP v. JPA Dev., Inc., 2006 Phila. Ct. Com. Pl. LEXIS 1 at * 15 n.9 (Phila. Com. P. LEXIS 2006).

A "Blawg": Lower than a Student Note

This appellate judge obviously does not think highly of "blawgs":

"Throughout these lengthy proceedings, the [district] judge has offered nothing at all to justify his actions--not a case, not a statute, not a bankruptcy treatise, not a law review article, not a student note, not even a blawg."

In re Complaint of Judicial Misconduct, 425 F.3d 1179, 1195 (9th Cir. 2005) (emphasis added).