Mullane v. Zurich American Insurance Co. and A Medium Corporation, No. 18-cv-12412 (D. Mass. May 21, 2019), No. 19-1725 (1st Cir. Jan. 26, 2021)
Dan Booth Law successfully defended A Medium Corporation, which owns and operates the online publishing platform at medium.com, in a lawsuit over user-generated content. A former securities broker alleged that Goex Pro International, a cryptocurrency trading business, defrauded him in 2018, when he loaned it some $68,000 worth of cryptocurrencies, and it refused to return the principal or interest when the loans matured. He filed a civil lawsuit alleging violations of federal securities laws and state-based claims, but instead of suing Goex, he pursued entities that took no part in the loans. He sued A Medium Corporation, alleging that after he made his loans, Goex used the Medium website to further market fraudulent loans. (He also sued an insurance company, alleging that Goex had falsely claimed a related investment company was Goex’s owner.) We moved to dismiss on multiple grounds, including that the securities claims were prohibited by the statutory immunity for website providers under the Communications Decency Act, 47 U.S.C. § 230. The district court dismissed all claims, finding it had no personal jurisdiction in Massachusetts over Medium, a Delaware corporation with a principal place of business in San Francisco. We secured the resolution of the case on appeal, as the First Circuit affirmed the judgment in full.