NEMET CHEVROLET, LTD. v. CONSUMERAFFAIRS.COM, INC.

No. 08-2097.

591 F.3d 250 (2009)

NEMET CHEVROLET, LTD; Thomas Nemet, d/b/a/ Nemet Motors, Plaintiffs-Appellants, v. CONSUMERAFFAIRS.COM, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 29, 2009.


Attorney(s) appearing for the Case

ARGUED: Andrew Friedman, Patton Boggs, LLP, Washington, D.C., for Appellants. Jonathan David Frieden, Odin, Feldman & Pittleman, PC, Fairfax, Virginia, for Appellee. ON BRIEF: Benjamin G. Chew, John C. Hilton, Patton Boggs, LLP, Washington, DC, for Appellants. Stephen A. Cobb, Odin, Feldman & Pittleman, PC, Fairfax, Virginia, for Appellee.

Affirmed by published opinion. Judge AGEE wrote the majority opinion, in which Judge KING joined. Judge JONES wrote a separate opinion concurring in part and dissenting in part.


OPINION

AGEE, Circuit Judge:

Consumeraffairs.com, Incorporated ("Consumeraffairs.com") operates a website that allows consumers to comment on the quality of businesses, goods, and services. The present suit concerns various posts on this website relating to automobiles sold or serviced by Nemet Chevrolet, Ltd. ("Nemet"). Viewing certain of these postings as false and harmful to its reputation, Nemet brought suit against Consumeraffairs.com in the United...

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