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

Specializes in Medical Legal Consultant.

Congratulations. What a huge well deserved win.  The constitution prevails.  Unfortunately, in our legal system, anyone can file a lawsuit and each party pays to defend itself.  

10 Votes
Specializes in Wiping tears.

Congratulations! 

 

6 Votes

Thank you for always fighting for us! Congratulations!

6 Votes
Specializes in Nurse Health Writer / Author.

WOW! How stressful this had to be for the AllNurses team! WE (nurses) are incredibly grateful for you standing up for us. Thank you!

7 Votes
Specializes in EMS, ED, Trauma, CEN, CPEN, TCRN.
On 9/29/2020 at 11:38 PM, amoLucia said:

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!)

That's a good point, though there is little point for me now to change my name! LOL. I was pretty early into a high-risk pregnancy when I was served with papers for this. Just glad it didn't have any ill effects on my pregnancy! Our daughter is 3 and is the light of our lives. Thank you to AN and the community. I love this place. 15 years of membership and counting! ❤️

16 Votes
Specializes in EMS, ED, Trauma, CEN, CPEN, TCRN.
On 9/29/2020 at 2:30 AM, caliotter3 said:

I hope that she decides to return to the community as her participation is missed. 

Totally agree! I really hope she returns, though I could understand if she didn't. I left for a good bit of time too, but eventually found my way back. 

11 Votes
Specializes in school nursing, ortho, trauma.

this is excellent news! Thank you, allnurses for not only protecting the members here, but also further strengthening the right of free speech.  

8 Votes
19 hours ago, Pixie.RN said:

Totally agree! I really hope she returns, though I could understand if she didn't. I left for a good bit of time too, but eventually found my way back. 

So glad to hear the outcome of the lawsuit; I had been wondering about it.   I'm so glad you came back ?  ;  and very belated congratulations on your baby  girl !    

7 Votes
Specializes in Complex pedi to LTC/SA & now a manager.

Truth and justice prevails.  The exaggerated presumptions on the plaintiff’s part were unique at best.   
 

long time.  Lots of odd comments & messages.  Lots of changes in many lives directly and indirectly affected.  I can now laugh each time I received a solicitation mailer or email  from them.  

8 Votes
Specializes in Peds/outpatient FP,derm,allergy/private duty.

My allnurses friends who were personally ensnared in this baseless campaign of harassment my enduring respect. I received one cease and desist letter by email for something I wrote on a different forum, and although I was advised to ignore it, it absolutely upended my peace of mind for days with the "what ifs".

They stopped sending me threats, but I can only imagine what months and years of this might feel like. ?

10 Votes
Specializes in Cardiac, NICU, CM.

This is wonderful news. I had no idea a lawsuit was occurring. Thank you for being our voice and allowing this safe platform for nurses. 

7 Votes
20 hours ago, abbnurse said:

So glad to hear the outcome of the lawsuit; I had been wondering about it.   I'm so glad you came back ?  ;  and very belated congratulations on your baby  girl !    

Yes indeedy!!

8 Votes