No. 13-5946
Jones v. Dirty World Entm’t Recordings, et al.
Page 8
Dirty World and Richie then filed a motion under Federal Rule of Civil Procedure 54(b),
requesting that the court change its order holding that Dirty World and Richie were not entitled
to immunity under the CDA. In the alternative, Dirty World and Richie moved for an order
certifying the issue for an immediate interlocutory appeal pursuant to 28 U.S.C. § 1292(b). The
district court treated the motion as a second motion for summary judgment and denied it. The
district court also denied the alternative motion for leave to file an interlocutory appeal. The
case was again tried. See Jones v. Dirty World Entm’t Recordings, LLC (Jones IV), 965 F. Supp.
2d 818, 819 (E.D. Ky. 2013). At the conclusion of the presentation of evidence in the second
trial, Dirty World and Richie made a timely motion for judgment as a matter of law pursuant to
Federal Rule of Civil Procedure 50. Their Rule 50 motion again claimed immunity. See id. The
district court denied the motion, holding that “a website owner who intentionally encourages
illegal or actionable third-party postings to which he adds his own comments ratifying or
adopting the posts becomes a ‘creator’ or ‘developer’ of that content and is not entitled to
immunity.” Id. at 821. Thus, the district court concluded that “[d]efendants, when they republished the matters in evidence, had the same duties and liabilities for re-publishing libelous
material as the author of such materials.”
The case was submitted to the second jury, which returned a verdict in favor of Jones for
$38,000 in compensatory damages and $300,000 in punitive damages. The district court entered
a judgment in favor of Jones. Dirty World and Richie timely filed a notice of appeal from the
district court’s (1) entry of final judgment in favor of Jones, (2) denial of their motions to dismiss
for lack of personal jurisdiction, and (3) denial of their motion for judgment as a matter of law.
The sole issue on appeal is whether the district court erred in denying Dirty World’s and Richie’s
motion for judgment as a matter of law by holding that the CDA does not bar Jones’s state tort
claims.
II.
A.
“We review a district court’s denial of a motion for judgment as a matter of law or a
renewed motion for judgment as a matter of law de novo.” Noble v. Brinker Int’l, Inc., 391 F.3d
715, 720 (6th Cir. 2004) (citing United States v. Alpine Indus., Inc., 352 F.3d 1017, 1022 (6th
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