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Sex Search Files Appellate Brief in U.S. Court of Appeals

By: Justin Bourne

Posted: 05/27/2008

LOS ANGELES - Sex Search filed an appellate brief Tuesday in the U.S. Court of Appeals for the 6th Circuit against John Doe and his attack on Internet service provider immunity under Section 230 of the Communications Decency Act. 

Sex Search, which claimed a U.S. District Court victory in August 2007, is urging the appellate court to deny Doe's appeal and affirm Ohio District Court Judge Jack Zouhary's dismissal of the lawsuit.  

In its appellate brief, Sex Search argues that "despite taking a double-barreled shotgun approach" to drafting his complaint, Doe "failed to hit a single, solitary claim upon which relief could be granted." 

"Once again, he has loaded both barrels and taken aim at sound case law and unambiguous statutory authority," Sex Search wrote. "[However], his aim remains woefully off the mark."  

Gary Jay Kaufman, lead counsel for Sex Search, said he is confident that the 6th Circuit will affirm the Ohio District Court's decision.  

"I believe that the 6th Circuit will see this case for what it is: a last desperate attempt to save what was really just an elaborate shakedown," he said. "Litigation is all about credibility. How do you take the position that you should be compensated for having sex with a 14-year-old girl without losing it completely?"   

The 6th Circuit is expected to issue a ruling later this year.