Paice LLC, et al v. Hyundai Motor Company, et al, 1-12-cv-00499 (MDD September 18, 2015, Order) (Garbis, J.)
Tuesday, September 22, 2015
Motion to Redact Plaintiff’s Website Denied Without Prejudice
The court denied without prejudice defendants' motion to redact from plaintiff's website information that should not be communicated to jurors after plaintiff agreed to temporarily disable portions of its website. "[Plaintiff] has placed on its website content that should not be communicated to the jurors in the instant case, including a version of certain matters regarding the case that – if communicated to any juror – would appear to require a mistrial. [Plaintiff] contends that it has First Amendment rights that entitle it to make such statements on its website and that, in any event, the Court should not assume that jurors will fail to follow the Court's instruction to eschew research (including use of the Internet) relating to the instant case or parties. . . . [Plaintiff] contends that, by virtue of its voluntary action, there will be no need to address the 'significant First Amendment issues' that would arise if the matter were litigated. The Court will assume, without seeing the revised website promised by [plaintiff], that the redaction will eliminate all matters excluded from presentation to the jury in the instant case."