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Oct

13

Florida Court Awards $11.3 m for Internet Defamation

Posted by Tish Grier

The jury in a Florida Internet defamation case has awarded $11.3million to a Florida consultant over comments posted on a message board for parents of troubled teens who attended a Costa-Rican boarding school.

Susan Scheff, an "educational consultant" who runs Weston-based Parents Universal Resource Experts Inc. won the Sept 19 jury verdict against Carey Bock, who had sought Scheff's help in removing Bock's twin sons from a boarding school in Costa Rica run by Utah-based World Wide Association of Specialty Programs and Schools. Scheff succeeded in removing Bock's sons from the school.

Their relationship soured after Scheff refused Bock's request to help her get in touch with a minor who may have been abused at another World Wide affiliated school.

Originally, the Internet bulletin board Fornits.com, where the Bock's statements were posted, was also sued. The case against Ginger Warbis, the owner of the bulletin board, was later dropped. Philip Elberg, of Medvin & Elberg of Newark, N.J., who represented Warbis, comments: "People in this industry have consistently used their money and their access to lawyers to silence critics of the industry and this may be one of those examples. Sue Scheff is simply another person in the industry of people who make money from the plight of frightened parents."

In the past, Sue Scheff had been sued for defamation in Salt Lake City by World Wide, after she had posted stories to her own site that World Wide claimed were defamatory. The 2004 verdict in this case ruled in favor of Scheff.

Scheff claims the reason for her suit was to make a point that those who unfairly criticize others on the Internet should think twice. "I'm sure (Bock) doesn't have $1 million, let alone $11 million, but the message is strong and clear," Scheff says. "People are using the Internet to destroy people they don't like, and you can't do that."

Bock was displaced from her Louisiana to Texas after Hurrcaine Katrina, and could not afford to retain an attorney and could not afford to show up for the trial. Scheff's attorney, David H. Pollack, offered arguments about damages, but did not seek a specific amount in damages.

University of Florida law professor Lyrissa Lidsky who specializes in free speech matters called the verdict "astonishing" and noted that it could represent a shift in the courts attitudes towards statements made on blogs and message boards. "What's interesting about this case is that (Scheff) was so vested in being vindicated, she was willing to pay court costs," Lidsky says. "They knew before trial that the defendant couldn't pay, so what's the point in going to the jury?"

Some are worried that this case a href=" http://www.usatoday.com/tech/news/2006-10-02-bloggers-courts_x.htm">could have an impact on other cases involving negative comments on message boards and blogs.

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