United States Seventh Circuit

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Blockowicz v. Williams, 10-1167

Following the district court's entry of default judgment and a permanent injunction against defendants for posting defamatory comments about plaintiffs on certain websites, district court's denial of plaintiffs' request to order operators of a website, on which the defendants posted the defamatory statements, to remove the statements from their website, is affirmed where: 1) Rule 65(d)(2)(C) is not the appropriate mechanism for achieving the removal of the defendants' posts, as the operators of the website have simply failed to act in any way relevant to this dispute since agreeing to the Terms of Service with the defendants, which they did before the injunction was issued and before the statements at issue were even posted; and 2) the operators cannot assert the defendants' Illinois' statute of limitations defense as the defense belongs to the defendants, who have never asserted it and who are not parties to this appeal.

Appellate Information

  • Argued 09/23/2010
  • Decided 12/27/2010
  • Published 12/27/2010

Judges

  • <a href="http://pview.findlaw.com/view/2338571_1">FLAUM</a>

Court

  • United States Seventh Circuit

Counsel