Dentist Has To Pay Legal Fees For Suing Yelp & Reviewer Over Bad Review

from the anti-slapp-and-section-230 dept

Wed, May 25th 2011 3:56am — Mike Masnick

We've had a number of posts lately about lawsuits over bad Yelp reviews, and it appears they're not going so well. We pointed out a doctor losing a lawsuit over bad reviews, but Eric Goldman has the latest, in which a dentist who sued has to pay $80,000 in legal fees, not just to the reviewer, but also to Yelp itself. You see, the dentist and/or his lawyer apparently didn't bother to understand that Section 230 of the CDA protects the service provider from such a suit (which doesn't say much good about the lawyer). Once the lawyer learned of Section 230 (a bit late), they dismissed Yelp from the case... but the court still awarded legal fees to Yelp's lawyers. Hopefully this helps lawyers learn that filing bogus lawsuits against service providers over the actions of their users is not a smart move.

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Filed Under: defamation, legal fees
Companies: yelp

42 Comments

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Lisa Westveld (profile), 25 May 2011 @ 3:02am

Unfortunately...
Unfortunately, the dentist has to pay for his lawyer's stupidity. If a lawyer is so dumb that he doesn't know about section 230 then he doesn't do his profession a favor. And he caused a lot of damage for his client.
Maybe that dentist should now take his lawyer to court so he doesn't have to pay all those costs himself.
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- The eejit (profile), 25 May 2011 @ 4:00am
  
  Re: Unfortunately...
  No, the dentist deserves to pay a part oft his for trying to stifle criticism, as well.
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- Kurto (profile), 25 May 2011 @ 4:14am
  
  Re: Unfortunately...
  Agreed. This is just professional incompetence - just as if a doctor or accountant doesn't meet professional standards they can be sued.
  
  The dentist himself should be on the hook for the costs relating to the reviewer for deciding to bring the case, but he should be able to reclaim the part awarded to Yelp from his lawyer.
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  - DannyB (profile), 25 May 2011 @ 6:29am
    
    Re: Re: Unfortunately...
    The dentist can do what he does best.
    
    Sue.
    
    Sue the lawyer for malpractice. That way the lawyer does share a part of the penalty for both of their stupidity.
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- Anonymous Coward, 25 May 2011 @ 4:37am
  
  Re: Unfortunately...
  Fortunately, the dentist has to pay for his own stupidity
  
  ftfy
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- Anonymous Coward, 25 May 2011 @ 4:43am
  
  Re: Unfortunately...
  The client was one that deserved to have a lot of damage HAPPEN to them, so I can't really garner much sympathy.
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  - Richard (profile), 25 May 2011 @ 5:03am
    
    Re: Re: Unfortunately...
    It's not about sympathy for the dentist - rather it's about making sure that the stupid lawyer also pays - to discourage other lawyers from filing such claims in the first place.
    
    I agree tha the dentist deserves to pay I just think that it's important that the lawyer also takes a hit - to reduce this stupidity in future.
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    - Another AC, 25 May 2011 @ 5:11am
      
      Re: Re: Re: Unfortunately...
      I agree. The ruling should have gone something like this. Dentist and lawyer are required to pay legal fees at a proportionate rate that takes into account the cost to the dentist for his legal counsel. Dentist pays an "I'm a thin skinned buffoon" amount and his lawyer gets to to pay the "I need to go back to law school" fee.
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      - Richard (profile), 25 May 2011 @ 5:52am
        
        Re: Re: Re: Re: Unfortunately...
        his lawyer gets to to pay the "I need to go back to law school" fee.
        
        Couldn't we just apply this to ALL lawyers - on a regular basis?
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- Chuck Norris' Enemy (deceased) (profile), 25 May 2011 @ 5:55am
  
  Re: Unfortunately...
  I think the dentist needs to leave a nasty Yelp review for the lawyer. =]
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  - Noah V, 5 Jul 2011 @ 10:54pm
    
    . . . the dentists needs to leave a nasty yelp
    www.avvo.com is now accepting lawyer ratings.
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- Oblate (profile), 25 May 2011 @ 6:24am
  
  Re: Unfortunately...
  From the article: "The dentist foolishly sued Yelp in the lawsuit but voluntarily dismissed Yelp after the plaintiff's lawyer decided that 47 USC 230 immunized Yelp."
  
  Not clear if it was the lawyers or the dentists idea to sue Yelp in the first place, but I can't imagine how the lawyer didn't know about 47 USC 230 before filing. The article also states that the Yelp portion of the damages is "at least $8k of the fees", which is a lot lower starting point than I would have guessed, so it appears the bulk of the damages are to the defendants. Also interesting is that there is an defamation claim still proceeding, so the dentist may get some of his money back.
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- DannyB (profile), 25 May 2011 @ 6:26am
  
  Re: Unfortunately...
  I think the dumb dentist should have to pay for hiring a dumb lawyer.
  
  The dumb lawyer probably would sue over bad reviews just like the dumb dentist did.
  
  The dumb lawyer has demonstrated he is dumb.
  
  The dumb dentist also has because if he were any good he'd be doing what he does best instead of suing. Oh, wait. The dumb suing dentist is doing what he does best.
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- Anonymous Coward, 25 May 2011 @ 12:27pm
  
  Re: Unfortunately...
  ultimately falls on the Dentist. When you are suing someone, it doesn't hurt to hire two firms to come up with a strategy. Another firm would have advised this Dentist differently, giving him pause, possibly.
  
  Attorneys just do a cost/benefit analysis and go with whatever will work out for them long term, like the rest of us.
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Coasty (profile), 25 May 2011 @ 5:17am

Dang... Don't you ever go to bed Mike!!!
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- Mike Masnick (profile), 25 May 2011 @ 5:49am
  
  Re:
  Dang... Don't you ever go to bed Mike!!!
  
  Sleep is for the weak.
  [ link to this | view in chronology ]
  - Bengie, 25 May 2011 @ 5:55am
    
    Re: Re:
    "Sleep is for the tired"
    
    There, fixed :-)
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  - DannyB (profile), 25 May 2011 @ 6:29am
    
    Re: Re:
    Sleep is a poor substitute for caffeine.
    [ link to this | view in chronology ]
Anonymous Coward, 25 May 2011 @ 5:57am

He should not have to pay his lawyer for being incompetent, but he should however have to come up with the 80k himself to pay for his STUPID idea of shutting up a critic.

This dentist is morally bankrupt and soon financially bankrupt. Nobody should trust him within inches of their mouth!
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Overcast (profile), 25 May 2011 @ 7:30am

Sounds like the both got what they deserved.

See Mr. Dentist - you may not want customers who base their decision to go to a doctor solely on a web review.

Case in point here:

I was referred to a surgeon by my family doctor, who I trust. I read a couple reviews on this surgeon and in said reviews, one had commented that he was cold, uncaring, didn't explain things, was arrogant and had a bad bed-side manner.

I was cynical of the review, I trust my family doctor's *professional opinion* over the web review.

After meeting the surgeon, I found the review was horribly off; the guy explained everything to me, was very cordial, friendly, and most importantly - he was well experienced.

Don't trust your health to a web review, lol.
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davebarnes (profile), 25 May 2011 @ 8:13am

Just so we keep the idiot dentist's name in lights.
"The ruling, issued last week by Santa Clara Superior Court Judge Peter Kirwan, directs dentist Yvonne Wong to pay attorneys' fees and legal costs to Yelp, as well as Tai Jing and Jia Ma, parents of a 6-year-old patient of Wong's."
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=150711
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Anonymous Coward, 25 May 2011 @ 10:19am

Another point of view.

http://chattahbox.com/technology/2010/02/25/yelp-accused-of-user-review-extortion-racket/
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Anonymous Coward, 25 May 2011 @ 10:32am

Everyone on techdirt seems to be jumping on the dentist. I'm not so quick to make assumptions.

http://www.eastbayexpress.com/eastbay/yelp-and-the-business-of-extortion-20/Content? oid=1176635
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John McCloud, 2 Jun 2011 @ 10:36pm

Mike
Your a moron Mike-go to bed where you belong. Yelp Sucks & so do Y0U!
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Better Life, 7 Jun 2011 @ 9:12am

Reality
I see lots of hate and envy for educated lawyeres and dentist! Education will lighten up your life and make you smart. Rich Yelp getting richer by the seconds and telling you how to choose is like rich China telling you how to consume. Stop! Donot be a slave to garbage. Do not ENVY!!!!!
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Noah V, 5 Jul 2011 @ 11:08pm

Dentist pays legal fees
The pity is that not all states allow for this. In most states the dentist could file a suit, get dismissed, file an appeal, and get dismissed again.

Then, the couple she sued would be told they "won," after they've spent their children's inheritance or refinanced their house to keep up with the dentist's spending.

This is from
http://news.google.com/newspapers?id=MB0VAAAAIBAJ&sjid=wgMEAAAAIBAJ&pg=6682%2C2701449
and
http://chronicle.augusta.com/stories/2001/08/27/bus_321610.shtml :

Message-board participants have the right under the First Amendment to voice their opinions. That freedom is troublesome for companies and their legal and public-relations staffs, which wince about the complaints and scramble to correct inaccurate information that could be posted by consumers, investors, employees or competitors.

If a company sues, alleging simple business disparagement or perhaps defamation, its goal isn't necessarily to win, said Marshall Tanick, a First Amendment expert at Mansfield & Tanick in Minneapolis. The strategy is "to force the other person to incur huge legal expenses that will deter them and others" from making such statements, he said.

Companies typically shy from suing customers because it creates bad publicity. Thus, much of the legal activity involves employees or former workers. "I'm seeing it happen with increasing frequency ... yet very few (cases) go all the way" to trial and verdict, Tanick said.
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Mike, 9 Aug 2011 @ 4:20pm

Dentists and Lawyers Could Anything Be Worse?
I don't know what is worse, hating on dentists or Lawyers, they both cause pain, and significant suffering.
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Dentist Vaughan, 27 Mar 2012 @ 7:48pm

Proper regulation
I think that this is a new channel, which in my point of view, requires appropriate regulation.
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rich1, 17 Apr 2012 @ 8:13am

refinance rates
"Dentist Has To Pay Legal Fees For Suing Yelp & Reviewer Over Bad Review" This is great post..
Thanks for post this article..
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rich1, 17 Apr 2012 @ 8:15am

refinance rates
"Dentist Has To Pay Legal Fees For Suing Yelp & Reviewer Over Bad Review" This is great post..
Thanks for post this article..
[ link to this | view in chronology ]
Dentist Bundaberg, 1 May 2012 @ 5:13am

I am also a dentist. You have shared very useful information. It will be helpful for me.
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Dentist Bundaberg, 1 May 2012 @ 5:13am

I am also a dentist. You have shared very useful information. It will be helpful for me.
[ link to this | view in chronology ]
Tellitlikeitis (profile), 26 Jul 2012 @ 1:01pm

Yelp is a joke
I had a business on Yelp! Several as a matter of fact. I had tons of great reviews and then I started dating this psycho who harassed me, wrote a horrifying review, Yelp "hid" my good reviews (they were previously unhidden) and allowed this slanderous one to be made public. After several emails back and forth and lawsuit threats (he accused me of an illegal act) they took the review down, but never unhindered my other good reviews. Then I moved. It took them no less than 10 notifications to show the one location as closed. During the time I was trying to get the location to show as closed, this scumbag wrote another scathing review. Yelp's response? "we have determined this review is a true opinion of the client". Um, HELLO? I WAS NO LONGER OPEN AT THE TIME AND LOCATION THE REVIEWER CLAIMED "she" WAS THERE!! It's still on there? THEN, I open another studio, everything is going great until I move out of the state and close my business completely. Notified Yelp, again, several times, business is still listed as open. I even got creative, changed some information, told the moderators off, but it is still listed. Now people are showing up and getting upset with the new tenants and giving me a hard time in emails and phone calls. WTF! Yelp seems to employ little techie nerds with zero customer service skills (the old school term would be douchebag), but as long as people use their service they will continue to be douchebags and hide behind Internet laws that should (and from what I've been reading are changing at a rapid pace) be changed. Oh, and this is JMHO....
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Shadi, 20 Sep 2012 @ 11:07am

Have you seen the pictures on Yelp's listing on Yelp? Just saw a few, pictures of employees you can tell they were hand picked, I don't think normal good people would want to work for Yelp! There is one picture of this "Yelps Rules" wrote in the sands! This alone shows the mind set of these inhuman people! They believe they have they are ruling our lives! They are aware of destroying lives and they are proud of it! Hoe creepy is that!

People in over seas pull down dictators by putting their lives on the line, why can't we have an organized demonstration to bring light and attention to this?
[ link to this | view in chronology ]
Shadi, 20 Sep 2012 @ 11:08am

Have you seen the pictures on Yelp's listing on Yelp? Just saw a few, pictures of employees you can tell they were hand picked, I don't think normal good people would want to work for Yelp! There is one picture of this "Yelps Rules" wrote in the sands! This alone shows the mind set of these inhuman people! They believe they have they are ruling our lives! They are aware of destroying lives and they are proud of it! Hoe creepy is that!

People in over seas pull down dictators by putting their lives on the line, why can't we have an organized demonstration to bring light and attention to this?
[ link to this | view in chronology ]
Shadi, 20 Sep 2012 @ 11:09am

Have you seen the pictures on Yelp's listing on Yelp? Just saw a few, pictures of employees you can tell they were hand picked, I don't think normal good people would want to work for Yelp! There is one picture of this "Yelps Rules" wrote in the sands! This alone shows the mind set of these inhuman people! They believe they have they are ruling our lives! They are aware of destroying lives and they are proud of it! Hoe creepy is that!

People in over seas pull down dictators by putting their lives on the line, why can't we have an organized demonstration to bring light and attention to this?
[ link to this | view in chronology ]
Dentist Edinburgh (profile), 28 Feb 2013 @ 7:15am

Yell makes my headaches !
I really don't like Yell... It damages many business (I mean reviews). It is more likely for unhappy patient to make a review (bad of course) rather than the patient that left dental office disgruntled.
So my question is... are these reviews accurate ?
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- anonim, 28 Feb 2013 @ 9:32am
  
  Re: Yell makes my headaches !
  I think it apply to other industries as well not only dentistry... Restaurants for example! There is so many frustrated diners that didn't get their discount because FRIES WERE WARM (end of the world btw) so they go online and cause huge damage to the business by writing bad reviews, oftentimes colorful like a good tale
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David, 25 Apr 2013 @ 9:41am

Wow that's a stupid lawsuit. How can someone sue sites like Yelp that allow users to post their honest reviews and expect to win?
dental negligence
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