DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
183197P.pdf 08/19/2020 East Coast Test Prep LLC v. Allnurses.com, Inc.
U.S. Court of Appeals Case No: 18-3197
U.S. District Court for the District of Minnesota
[PUBLISHED] [Wollman, Author, with Colloton and Kelly, Circuit Judges]
Civil case - Communications Decency Act. Plaintiff failed to plausibly
allege that Allnurses was the information content provider of posts made
by message board users on Allnurses' website; the factual allegations in
the complaint pleaded no more than a sheer possibility that Allnurses was
wholly or partly responsible for creating or developing the posters'
comments and thus it was immunized under Section 230 of the Communications
Decency Act from liability arising from the posts; in the absence of any
contractual relationship between Allnurses and Test Prep, there was no
basis for Test Prep's claims that Allnurses had any obligation to take
down certain posts; individual-user plaintiff Olynyk failed to plead facts
establishing any breach of the terms of service contract; promissory
estoppel argument rejected; fraud and misrepresentation claims rejected;
no error in granting defendant Russ's motion to dismiss for lack of
personal jurisdiction or in denying Test Prep's motion to transfer the
case to the Eastern District of Pennsylvania where Russ resides.