Ben Ezra, Weinstein, and Co. v. America Online, Inc.

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27 Media L. Rep. 1794 (D.N.M. 1999), aff’d, 206 F.3d 980 (10th Cir. 2000), cert. denied, 531 U.S. 824 (2000)

Section 230 preempted and barred plaintiff’s state law claims for defamation and negligence against AOL, where claims were based on allegedly erroneous stock information provided to AOL by third party companies, and where AOL did not assist in creating or developing that information. In an earlier opinion, Ben Ezra, Weinstein & Co. v. America Online, Inc., 26 Media L. Rep. 2211 (D.N.M. 1998), the court stayed discovery pending consideration of AOL’s Section 230 summary judgment motion, holding that Section 230 also provided AOL with “immunity from the burdens of discovery” while the motion was pending. Id. at 2113.