No. 21-1142

James Domen, et al. v. Vimeo, Inc.

Lower Court: Second Circuit
Docketed: 2022-02-16
Status: Denied
Type: Paid
Response Waived
Tags: amendment-opportunity bad-faith civil-rights communications-decency-act discrimination discrimination-claims interactive-computer-service preemption section-230
Latest Conference: 2022-03-18
Question Presented (from Petition)

1. Does Section 230(c)(1) of the Communications Decency Act (CDA) preempt classification-based discrimination claims by a customer against an interactive computer service for its own misconduct, as opposed to misconduct of a third party?

2. Does Section 230(c)(2)(A) of the CDA preempt claims where the plaintiff alleges the interactive computer service acted in bad faith?

3. Should Petitioner be afforded an opportunity to amend the complaint where the district court denied leave to amend as futile based on CDA immunity, but on appeal the Second Circuit sustained dismissal based only on its holding that Petitioners failed to allege sufficient facts of discrimination without even addressing CDA immunity?

Question Presented (AI Summary)

Does Section 230(c)(1) preempt discrimination claims against an interactive computer service?

Docket Entries

2022-03-21
Petition DENIED.
2022-02-23
DISTRIBUTED for Conference of 3/18/2022.
2022-02-16
Waiver of right of respondent VIMEO, Inc. to respond filed.
2022-02-14
Petition for a writ of certiorari filed. (Response due March 18, 2022)

Attorneys

James Domen
Robert H. TylerAdvocates for Faith & Freedom, Petitioner
VIMEO, Inc.
Michael Andrew CheahVimeo, Inc., Respondent