No. 07-50345.

528 F.3d 413 (2008)

Jane DOE, Individually and as next friend of Julie Doe, a minor, Plaintiff-Appellant, v. MYSPACE, INC.; News Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 16, 2008.

Attorney(s) appearing for the Case

Micajah Boatright, Kurt B. Arnold, Jason Aron Itkin, Arnold & Itkin, Houston, TX, Gregory Scott Coleman (argued), Marc S. Tabolsky, Richard Bernard Farrer, Yetter & Warden LLP, Austin, TX, for Plaintiff-Appellant.

Michael D. Marin, Matthew Brian Ploeger, Christopher V. Popov, Vinson & Elkins, Austin, TX, Thomas S. Leatherbury, Vinson & Elkins, Dallas, TX, Harry M. Reasoner (argued), Vinson & Elkins, Houston, TX, Clifford Thau, Vinson & Elkins, New York City, for Defendants-Appellees.

Patrick J. Carome, WilmerHale, Washington, DC, for Internet Commerce Coalition, U.S. Internet Service Provider Ass'n, Computer & Communications Industry Ass'n, Information Technology Ass'n of America, National Cable & Telecommunications Ass'n, Netcoalition, CTIA-The Wireless Ass'n and Center for Democracy and Technology, Amici Curiae.

Before GARWOOD, CLEMENT and ELROD, Circuit Judges.


Jane and Julie Doe ("the Does") appeal the district court's dismissal of their claims for negligence and gross negligence, and its finding that the claims were barred by the Communications Decency Act ("CDA"), 47 U.S.C § 230, and Texas common law. For the following reasons, we affirm the decision of the district court.

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