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Torts Keyed to Prosser
Carafano v. Metrosplash.com, Inc.
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Matchmaker.com (like Match.com, eHarmony.com, etc.) was a commercial Internet dating service where individuals, for a fee, could post anonymous profiles and view profiles of other members in the area, with the ability to contact such members via email sent through the website server. There was also a questionnaire section with multiple choice and essay answers where members could provide additional detail; some answers were innocuous while others were sexually suggestive. Matchmaker reviewed photos for impropriety before posting but did not review the profiles themselves, relying instead on participants to adhere to service guidelines. Such guidelines prohibited members from posting last names, addresses, phone numbers or email addresses within a profile. On October 23, 1999, an unknown person posted a “trial” profile of Plaintiff Carafano without her permission or knowledge in the Los Angeles section of the site (Plaintiff is also known by her stage name as Chase Masterson). Such profile included sexually related commentary and contained photos of the actress and listed her movies. It also provided a fake email address for contact, and upon sending an email to this address, one would get an automatic response stating “You think you are the right one? Proof it!!”, and provided Plaintiff’s home address and telephone number. As a result of the profile, Plaintiff received numerous threats and sexually explicit messages via email and voicemail. After contacting the website and getting the profile removed, Plaintiff filed suit against Defendant in California, alleging invasion of privacy, misappropriation of the right of publicity, defamation, and negligence. After removal, the district court granted Defendant’s motion for summary judgment, although it rejected Defendant’s immunity argument under 47 U.S.C. §230(c)(1).
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.