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allnurses® Defeats Test Prep Firm in Defamation Lawsuit

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allnurses allnurses (Admin)

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allnurses Defends the Rights of its Users to Post Anonymously

allnurses has successfully defended the rights of its users to engage in Constitutionally protected speech and to openly discuss issues of concern to the nursing community.

allnurses® Defeats Test Prep Firm in Defamation Lawsuit

To the allnurses community,

Sept. 28, 2020 [BLOOMINGTON, MN]

allnurses® has been the target of a meritless lawsuit (Test-Prep-vs-allnurses-amended-2016.pdf) by a test prep company that has lasted for six grueling years. Throughout this 6-year litigation battle, allnurses vigorously defended the rights of our users and denied all allegations of defamation made by the Plaintiff targeting allnurses and allnurses members. The lawsuit claimed that specific comments on allnurses regarding the Test Prep company were defamatory, and the Plaintiff sought to name those users as Defendants in the lawsuit.

In response to persistent demands of the Plaintiff, allnurses vehemently refused to turn over any personally identifying information regarding users named in the Complaint. allnurses refused to comply with discovery requests and NEVER released any identifying information of any allnurses user.

In the end, after years of legal and emotional costs, the Eighth Circuit of the United States Court of Appeals dismissed all claims against allnurses and allnurses members.

Quote

“Allnurses.com Inc. held on to a win in a lawsuit over allegedly defamatory comments published on its discussion forum because federal law [Section 230 of the Communication Decency Act} immunized it from liability arising out of content created by others, the Eighth Circuit said August 19, 2020.”

https://news.bloomberglaw.com/health-law-and-business/allnurses-com-defeats-test-preparation-firms-defamation-suit

Even though we won (successfully defended) the case, this long and drawn-out meritless lawsuit has resulted in tremendous mental anguish and massive legal costs. We at allnurses understand that our members’ ability to post anonymously under their usernames is critical to allowing the nursing community to discuss important and contentious issues openly and honestly. allnurses values its members and will continue to defend the First Amendment rights of its users to engage in protected anonymous speech. We will stand firm and protect from disclosure of any identifying information to the fullest extent possible.

allnurses has become the world's leading nursing community based on its members’ contributions and efforts, and we are extremely thankful for all that you do. The allnurses community’s interests have and will continue to guide us in responding to any future litigation. allnurses is confident that the rights of its users, and the broader internet community, to engage in anonymous speech will be protected by the court just as they have been protected by other courts throughout the United States.

allnurses will continue to defend the rights of its users to engage in constitutionally protected speech and openly discuss issues of concern to the nursing community at large.

US-Court-District-of-Minnesota-Filed-August-2020.pdf

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41 Comment(s)

Julie

Specializes in Sm Bus Management, Operations, Planning, HR. Has 38 years experience.

The last few years of this battle has seemed like an eternity and we can not thank our members enough for sticking by our side.  allnurses couldn't have done it without all of you.  Thank you!

Joe V

Specializes in Programming / Strategist / Web Development. Has 24 years experience.

This is a HUGE burden off our back. THANK YOU to all our members for your  patience.

tnbutterfly - Mary, BSN, RN

Specializes in Peds, Med-Surg, Disaster Nsg, Parish Nsg.

allnurses was created to give nurses a place to network, learn, and share.  It has grown into a community that many call "Home".  Throughout this bitter and long battle, our focus has always been on protecting our members - our community.  We thank those of you who have been with us since the beginning and those who have joined the allnurses family along the way.  Together we grow...and together we are strong.

Pixie.RN, MSN, RN, EMT-P

Specializes in EMS, ED, Trauma, CNE, CEN, CPEN, TCRN. Has 12 years experience.

Thank you for this update. 🙂

nancymoureau, BSN, PhD

Specializes in Intravenous and PICC Specialist. Has 39 years experience.

Congratulations! As a nurse expert in hundreds of legal cases, and provider of online education I understand a bit of what you must have gone through. What a shame. You have my total support.

Teresag_CNS

Specializes in ICU, trauma, gerontology, wounds. Has 34 years experience.

Glad to hear the good news!

Thank goodness! It's important to be able to collaborate with other nurses - great for education, emotional support, opportunities, and insight.
Keep up the phenomenal work!

nursel56

Specializes in Peds/outpatient FP,derm,allergy/private duty. Has 33 years experience.

What a relief this is. Thank all of you who hung in there and worked so hard for this victory. It is heartening to know that effort will create a positive ripple effect way beyond this one case. Congrats!

Ado Annie, ASN

Has 8 years experience.

Thank you for staunchly defending the rights of this community.

The last time I looked online regarding this there was one remaining member who was still being sued. By what you posted here I understand this is no longer the case for her too. I hope that she decides to return to the community as her participation is missed. Also wanted to convey that I think it would be appropriate for members to be able to contribute to a fund to make whole, those members who individually suffered under this litigation. No one should  have to lose income or assets to defend against such. Thank you for updating with the community.

dallasmiss, MSN, APRN

Specializes in Emergency Psychiatry. Has 6 years experience.

I have been wondering about this. Congratulations to all! 

klone, MSN, RN

Specializes in Women's Health/OB Leadership. Has 14 years experience.

About ***ing time! Congratulations, you guys!! That is HUGE.

4 hours ago, caliotter3 said:

The last time I looked online regarding this there was one remaining member who was still being sued. By what you posted here I understand this is no longer the case for her too. I hope that she decides to return to the community as her participation is missed. Also wanted to convey that I think it would be appropriate for members to be able to contribute to a fund to make whole, those members who individually suffered under this litigation. No one should  have to lose income or assets to defend against such. Thank you for updating with the community.

Ditto all of this.

SummerGarden, ADN, BSN, MSN, RN

Specializes in ED, ICU, MS/MT, PCU, CM, House Sup, Frontline mgr. Has 12 years experience.

21 hours ago, Julie said:

The last few years of this battle has seemed like an eternity and we can not thank our members enough for sticking by our side.  allnurses couldn't have done it without all of you.  Thank you!

Where else were we going to go?  On a more serious note, thank you admins and thank you individual members who stuck this out and stood your ground! We love this community.

Edited by SummerGarden

sirI, MSN, APRN, NP

Specializes in Education, FP, LNC, Forensics, ED, OB. Has 30 years experience.

VICTORY! After so many years, this is such a monumental relief.

CONGRATULATIONS allnurses!

CONGRATULATIONS ALL NURSES!

J.Adderton, BSN, MSN

Specializes in Clinical Leadership, Staff Development, Education. Has 27 years experience.

Congratulations!  The outcome of your tenaciousness and emotional energy extends well beyond allnurses.  I hope you all find a little more peace in the days ahead.