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Dentist is out $80k for legal fees in Yelp case

Thu, May 19, 2011

Oral Cancer News

Source: Dr.Bicuspid.com

A California dentist who lost a defamation case over negative reviews on Yelp.com must pay $80,000 in attorney fees to a young patient’s parents, whom she sued, according to a court ruling issued May 12.

In January 2009, San Francisco Bay Area dentist Yvonne Wong, DDS, filed a lawsuit against Tai Jing and Jia Ma, the parents of a young patient who had been treated by Dr. Wong, after the father posted a negative review on Yelp.com.

Dr. Wong contended that the review defamed her by implying that she didn’t inform the boy’s parents about alternatives to the use of amalgam and nitrous oxide and didn’t spot cavities that needed treatment. She also named Yelp in the suit.

The key issue in the case was whether the review stepped over the line from discussing a topic of public interest to defamation.

Dr. Wong subsequently won the first round of the legal wrangling when a judge ruled the case had sufficient legal merit to be tried. The case then went to an appellate court, which found that consumers can post reviews of businesses on websites such as Yelp.com because they contribute to public discussion about controversial issues such as the use of dental amalgam.

That ruling found that the Yelp review was protected under California’s anti-SLAPP (Strategic Lawsuit Against Public Participation) law, which preserves the right to speak out on public issues. As a result, all claims against Yelp, Jing, and Ma were dismissed.

Now Santa Clara Superior Court Judge Peter Kirwan ruled that Dr. Wong must pay attorney fees and costs incurred by the patient’s parents and Yelp related to the lawsuit. Yelp and the parents said they had incurred legal bills of $113,620, but Kirwan reduced the fee award to $80,714.

“I think it means businesses should consider whether they really want to sue their customers even if the information they post is negative,” Paul Clifford, an attorney with the California anti-SLAPP project, told DrBicuspid.com. “Oftentimes, if you sue the person who wrote it, it only brings more attention to it and it may cost you more money in the end.”

 

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