Defamation, First Amendment & Cyberbullying

DiTommaso Lubin Austermuehle represents both plaintiffs and defendants in all matters involving First Amendment rights including defamation, libel, and cyberbullying. Our lawyers have extensive experience navigating this highly-complex and ever-evolving area of law. Our Firm has successfully represented clients ranging from individuals who have been sued for invoking their free speech rights to businesses and individuals whose reputations and livelihoods have been tarnished by false, defamatory speech in-person or over the internet.

Wuttke v. Fitzsimmons, Circuit Court of Cook County, Law Division. Judge McNamara. Represented real-estate lawyer plaintiff in libel action against lawyer who is also City of Chicago Police Captain, for false and malicious statements made to ARDC and University of Illinois and other parties, which, plaintiff alleges, is part of longstanding pattern and practice by defendant of defaming and attempting to intimidate lawyers and others. Default judgment on liability entered in favor of plaintiff for discovery violations. Case settled in plaintiff's favor. Opposing Counsel: Vincent J. O’Brien.

Chicago Motor Car Corp., et al. v. David Bates, Federal Court for the Northern District of Illinois, Judge Lee. 2012-2013. Represented Defendant in a lawsuit alleging defamation, false light, tortious interference with contract, false advertising, and cybersquatting. Defendant was being sued as a result of several internet postings and YouTube videos he made criticizing the Plaintiffs. Obtained settlement wherein Defendant withdrew his motion for Rule 11 sanctions and Plaintiffs dismissed all claims against Defendant with prejudice. Opposing Counsel: Serena Pollack (Gonzalez Saggio & Harlan LLP)

John Doe v. Jane Doe, Pending. Jane Doe allegedly made numerous posts about John Doe on the internet containing false and misleading information. Representing John Doe in action alleging that Jane Doe’s statements in the internet posts constituted defamation per se, cyberbullying, and invasion of privacy. Seeking money damages for harm to reputation and permanent injunction to remove Jane Doe’s demonstrably false statements from the internet.

Williams v. Marder, et al., United States District Court, Northern District of Illinois, Magistrate-Judge Guzman. 2012. Represent Defendant in a lawsuit claiming defamation, tortious interference with inheritance expectancy and employment and malicious prosecution. Defendant is being sued as a result of his alleged efforts to try to protect his father who suffered from dementia and Alzheimer’s from alleged abuse and neglect by a nurse who had sought to obtain a $3 million bequest from the father.

Mercado v. Levy, et al., American Arbitration Association. Arbitrator James S. Montana Jr. 2012. Represented Defendants, a school and their owners in a lawsuit alleging defamation arising from a partnership and employment suit. We obtained substantial video-taped evidence from multiple witnesses supporting that our clients did not defame the Plaintiff and that all of their statements were supported by various eye witnesses. Case settled.