Saturday, November 9, 2013

Actress Loses Claim Over IMDb Posting Her Age

IMDB Faces Appeal in Actress’ Claim Over Sites Posting of Her Age | Variety

Actress Junie Hoang has filed an appeal to a federal court ruling that sided with IMDb in her suit in which she sued the service over the disclosure of her age.  In her appeal brief to the 9th Circuit, Hoang said that her first counsel “essentially abandoned discovery” due to illness, and when he died her new counsel the district court denied a motion to reopen discovery. The result, Hoang said, was that she was forced to go to trial “with almost no evidence.” A jury in April, 2012, sided with IMDb’s contention that it did not break a subscriber agreement.  She also said that the district court judge in the case, Marsha Pechman, incorrectly instructed the jury that she, rather than IMDb, had the burden to prove that she was not in a breach of a subscriber agreement, “even though this was IMDb’s affirmative defense.”

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