ModelMayhem Granted Rehearing in 'Failure to Warn' Case

SAN FRANCISCO — Lawyers for ModelMayhem.com will be back at the 9th U.S. Court of Appeals on Wednesday arguing that the site shouldn’t be held civilly liable in the case of two site users who lured a woman to a bogus casting call where they drugged and raped her.

ModelMayhem.com earlier this year was granted a motion for rehearing of the case by the federal appeals court.

Last year, a 9th Circuit panel tossed a lower court and ruled that the Communications Decency Act did not bar the woman’s “failure to warn” claim against ModelMayhem.com, which is operated by Internet Brands Inc.

The woman, known as Jane Doe No. 12, sued ModelMayhem.com for negligent failure to warn, claimed the company knew but failed to warn users that two men, Lavont Flanders and Emerson Callum, would use the website to lure victims to the Miami area for bogus modeling auditions. The men, she said, then drugged, raped and filmed her.

Flanders and Callum were tried and convicted and given consecutive life sentences in prison for their activities.

The case has attracted the attention of numerous Internet companies and organizations that have sided with ModelMayhem.com.

In an amicus brief, Facebook, Craigslist, Tumblr, the Computer and Communications Industry Association, The Internet Association and Care.com said that they have settled on interpretations granting broad immunity to online intermediaries for harms arising from third-party content

"Amici and their members have a substantial interest in the legal rules governing whether providers of interactive computer services may be subjected to lawsuits for alleged harms resulting from online exchanges of information,” the companies and organizations wrote in a brief to the court last fall. “Because they serve as platforms for communication among billions of users, amici have been, and inevitably will continue to be, parties to lawsuits in which they invoke immunity under Section 230 of the Communications Decency Act, 47 U.S.C. § 230(c)(1).

“The success of these online businesses — and the vitality of online media and online free speech generally — depends on their being shielded from the risks, burdens, and uncertainty of lawsuits that would hold them liable for hosting or facilitating online exchanges of third-party information that may result in harm.”

Oral arguments are set for April 8 at 1:30 p.m. at the 9th Circuit's Pasadena, Calif., courthouse.

View amicus brief in case

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult, Could Face Override

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Show More