allnurses Defeats Test Prep Firm in Defamation Lawsuit

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. Nurses Headlines News

Updated:  

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

Great news! So happy that allnurses won!

Specializes in PMHNP/Adjunct Faculty.

I have been wondering about this. Congratulations to all! 

Specializes in OB-Gyn/Primary Care/Ambulatory Leadership.

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.

Specializes in ED, ICU, MS/MT, PCU, CM, House Sup, Frontline mgr.
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.

Specializes in Education, FP, LNC, Forensics, ED, OB.

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

CONGRATULATIONS allnurses!

CONGRATULATIONS ALL NURSES!

Specializes in Clinical Leadership, Staff Development, Education.

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.

Specializes in Freelance Writer, 'the nurse who knows content'.

CONGRATULATIONS and THANK YOU for waging this fight. Your win provides yet another legal ruling that will benefit all organizations that publish anonymous, user-created content. Bravo!!

Specializes in Critical Care; Cardiac; Professional Development.

This is a relief for ALL of us. Thank you AN!

Specializes in retired LTC.

Congratulations and thank you for your support of our rights.

So happy to hear this!!

Specializes in retired LTC.

In remembering this court action, I am reminded of the caveat that some of us try to extend to new members to be ever so careful re their screen names here. While AN can protect most of us here, there are those few, for whatever reason, hold on to identifiable screen names.  And in today's security/ID theft minded times, they SHOULD be anonymity-savvy. (Dang! Even I know to be careful!)

Again, congrats to AN's admin and TY for the protection you strive to protect.

Specializes in Clinical Research, Outpt Women's Health.

Finally. Crazy that it took this long.