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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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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