NO. 17-_____ In the Supreme Court of the United States EDWARD LEWIS TOBINICK, MD, a Medical Corporation d/b/a INSTITUTE OF NEUROLOGICAL RECOVERY, INR PLLC, d/b/a INSTITUTE OF NEUROLOGICAL RECOVERY, EDWARD TOBINICK, M.D., Petitioners, –v– STEVEN NOVELLA, M.D., Respondent. On Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit PETITION FOR WRIT OF CERTIORARI CULLIN A. O’BRIEN, ESQ. COUNSEL FOR PETITIONERS CULLIN O’BRIEN LAW, P.A. 6541 NE 21ST WAY FT. LAUDERDALE, FL 33308 (561) 676-6370
[email protected] SEPTEMBER 1, 2017 SUPREME COURT PRESS ♦ (888) 958-5705 ♦ BOSTON, MASSACHUSETTS i QUESTIONS PRESENTED In our age of the Internet, false disparagement against individuals and businesses can be lucrative. An Internet entrepreneur can funnel web-traffic for profit, through sophisticated uses of disparaging “click baiting,” “Internet trolling,” hyperlinks, hypertext, clickable banner ads, podcasts, Facebook, Instagram, email listservs and other systems. Individuals seeking legal redress from false Internet defamation can confront state court anti-SLAPP procedures that accelerate adjudication of the defendant’s “actual malice.” In contrast, businesses seeking federal court protection from false Internet disparagement under the Lanham Act, 15 U.S.C. § 1125(1)(B), are entitled to the summary adjudication safeguards of Federal Rule of Civil Procedure 56. The questions presented to this Court are: 1. When a defendant is sued for both common law defamation and business disparagement under the Lanham Act, 15 U.S.C. § 1125(a)(1)(B), does the application of state civil court anti-SLAPP procedure irreconcilably conflict with Federal Rule of Civil Procedure 56? 2.