Appeals Court Rules for Grindr in Negligence Lawsuit

Appeals Court Rules for Grindr in Negligence Lawsuit

NEW YORK CITY — The 2nd Circuit U.S. Court of Appeals Wednesday ruled against a New Yorker who sued Grindr, alleging the company failed to take action when an ex-boyfriend used the hookup app to send 1,100 men to his home in an apparent harassment campaign.

The 3-0 decision against Matthew Herrick rejected his claims of negligence against Grindr. “Though U.S. Circuit Judges Dennis Jacobs, Reena Raggi and Raymond Lohier ruled against Herrick unanimously, they issued their decision via summary order, meaning that it cannot be cited as precedent. The Second Circuit hears appeals from New York, Connecticut and Vermont,” notes the Courthouse News Service (CNS). "Last year, U.S. District Judge Valerie Caproni expressed sympathy for Herrick’s experiences, but she ultimately found that Grindr was not at fault."

While the creation of the false profiles "may be sufficiently extreme and outrageous, Grindr did not create the profiles," said Judge Caproni in January 2018. Grindr’s attorney, Daniel Waxman, persuaded the court that the company is immune from liability under the Communications Decency Act (CDA) of 1996, the federal law that shields companies from liability for publishing third-party content.

Tor Ekeland, attorney for Matthew Herrick, argued the CDA is outdated and “cannot be applied to a 21st Century product-liability case,” he said. “They’re allowing Big Tech to knowingly profit from stalking, rape and murder, when Big Tech companies are the only ones who can stop it,” he told CNS.

Grindr touted the legal victory in a statement. “While we are sympathetic to the plaintiff’s situation, we are pleased that Grindr has been vindicated and that this matter was dismissed by the courts,” they said. “Grindr has and always will be committed to creating a safe and secure environment to help our community connect and thrive.”

Herrick’s suit against Grindr had been closely watched by the adult industry, particularly in the wake of FOSTA-SESTA, as it carried the potential to make companies legally liable for actions carried out by users of their platforms.

Click here for additional details.

Image source.

Related:  

Copyright © 2024 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

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

Jacquie et Michel Acquired by 'International Fund'

French adult studio Jacquie et Michel has been acquired by an international fund, marking a significant development for the well-known brand.

Show More