Former JA boss loses defamation appeal naming FedEx, 500 Festival

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The former head of Junior Achievement of Central Indiana failed Thursday in his bid to reinstate defamation claims against a business and a nonprofit that owned computers from which critical comments about him were posted online.

Jeffrey M. Miller sued multiple defendants who posted comments on various Indianapolis media websites in 2010. Miller claims he was defamed by online commenters who criticized his leadership of JA, which he ran from 1994 until 2008.

The Indiana Court of Appeals ruled Thursday that Marion Superior Judge Michael Keele properly granted summary judgment in favor of Federal Express Corp. and 500 Festival Inc.

Those organizations owned computers from which comments alleging misuse of funds and possible criminal acts were posted to a story about JA on the Indianapolis Business Journal website. Keele concluded that Miller had no claim against FedEx or 500 Festival for defamation and intentional infliction of emotional distress, and the appeals panel affirmed the ruling.

In Jeffrey M. Miller and Cynthia S. Miller v. Federal Express Corporation and 500 Festival, Inc., 49A02-1307-PL-619, the panel ruled “the trial court properly granted summary judgment in favor of 500 Festival and FedEx, finding each to be sued in their capacity as a publisher of the information at issue and concluding that, as such, these defendants were immune from the Millers’ claims under Section 230(c) of the federal Communications Decency Act because these defendants are providers of an interactive computer service.”

The ruling does not bar claims against those who wrote the comments, who are considered “publishers” under the act. Only one commenter is identified in the order – 500 Festival Vice President of Corporate Sponsorship Dave Wilson. Miller was able to trace the comments through IP addresses to 500 Festival and FedEx computers, but he was unable to determine who at FedEx posted two of the comments that form part of the basis of his suit.

Miller also contended FedEx and 500 Festival inadequately responded to his efforts to determine who posted the comments.

"Although there may have remained a genuine issue of material fact concerning spoliation of evidence under state law, the trial court properly granted summary judgment," Judge Paul Mathias wrote for the panel. He wrote, “these issues are mooted by the fact that both FedEx and 500 Festival are immune from the claims brought by the Millers."

Miller previously won an appellate victory that the Indiana Supreme Court declined to review ordering The Indianapolis Star to identify anonymous commenters who Miller sought to name in a defamation action.

Indianapolis Business Journal is a sister publication of Indiana Lawyer.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.