Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc., No. 08-2097

In an online-automobile dealer's action against a defendant-website company that allows consumers to comment on the quality of businesses, goods, and services, claiming that certain of these posted comments are false and harmful to its reputation, district court's grant of defendant-company's motion for summary judgment is affirmed as, the district court did not err in granting the Rule 12(b)(6) motion to dismiss because plaintiff failed to plead facts sufficient to show defendant was an information provider and not covered by Communications Decency Act (CDA) immunity. 

Read Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc., No. 08-2097

Appellate Information

Argued: September 23, 2009

Decided: December 29, 2009

Judges

Opinion by Circuit Judge  Agee

Counsel

For Appellant:  Andrew Friedman, Patton Boggs, LLP

For Appellee:   Jonathan David Frieden, Odin Feldman & Pittleman, PC