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    Majority Opinion - Texas 14th Court of Appeals, Justices Charles Spain and Margaret Poissant - Ruling re: Facebook, sex trafficking, Jane Doe lawsuits, dismissal, Section 230, FOSTA

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    Majority Opinion - Texas 14th Court of Appeals, Justices Charles Spain and Margaret Poissant - Ruling re: Facebook, sex trafficking, Jane Doe lawsuits, dismissal, Section 230, FOSTA

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    © All Rights Reserved
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    Download as pdf or txt
    43 views2 pages

    Facebook Trafficking Ruling

    Uploaded by

    Elizabeth Nolan Brown
    Majority Opinion - Texas 14th Court of Appeals, Justices Charles Spain and Margaret Poissant - Ruling re: Facebook, sex trafficking, Jane Doe lawsuits, dismissal, Section 230, FOSTA

    Copyright:

    © All Rights Reserved
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    of 2

    Petitions for Writ of Mandamus Denied and Memorandum Majority and

    Dissenting Opinions filed April 28, 2020.

    In The

    Fourteenth Court of Appeals

    NO. 14-19-00845-CV

    NO. 14-19-00847-CV

    IN RE FACEBOOK, INC. AND FACEBOOK, INC. D/B/A INSTAGRAM,


    Relators

    ORIGINAL PROCEEDING
    WRIT OF MANDAMUS
    334th District Court
    Harris County, Texas
    Trial Court Cause Nos. 2018-69816, 2018-82214

    NO. 14-19-00886-CV

    IN RE FACEBOOK INC. D/B/A INSTAGRAM, Relator

    ORIGINAL PROCEEDING
    WRIT OF MANDAMUS
    151st District Court
    Harris County, Texas
    Trial Court Cause No. 2019-16262
    MEMORANDUM MAJORITY OPINION

    Each plaintiff in the underlying cases is a minor who connected on Facebook


    or Instagram (collectively, “Facebook”) with individuals who forced them into
    human trafficking. The plaintiffs seek to hold Facebook liable for damages resulting
    from being victimized by trafficking. Facebook filed a Rule 91a1 motion to dismiss
    each plaintiff’s case against Facebook based on an immunity provision under a
    Federal statute known as the Communications Decency Act. See 47 U.S.C. § 230.

    Facebook filed two petitions for writ of mandamus in this court. See Tex.
    Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the first petition filed in
    our case numbers 14-19-00845-CV and 14-19-00847-CV, Facebook asks this court
    to compel the Honorable Steven Kirkland, presiding judge of the 334th District
    Court of Harris County, to set aside his May 23, 2019 orders denying Facebook’s
    Rule 91a motions to dismiss.

    In the second petition filed in our case number 14-19-00886-CV, Facebook


    asks this court to compel the Honorable Mike Englehart, presiding judge of the 151st
    District Court of Harris County, to set aside his October 4, 2019 order denying
    Facebook’s Rule 91a motion to dismiss.

    Facebook has not established that it is entitled to mandamus relief.


    Accordingly, we deny Facebook’s petitions for writ of mandamus. We also lift our
    stays issued on November 14, 2019, and November 19, 2019.

    PER CURIAM

    Panel consists of Justices Christopher, Spain, and Poissant. (Christopher, J.,


    dissenting).

    1
    See Tex. R. Civ. P. 91a.
    2

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