Hoang v. Amazon.com, Inc.
Hoang v. Amazon.com, Inc. et al. | |
---|---|
Court | United States District Court for the Western District of Washington |
Full case name | Huong Hoang v. Amazon.com, Inc. and IMDb.com, Inc., |
Decided | April 11, 2013 |
Citation(s) | no. 11-cv-01709, (W.D. Wash., filed Oct. 13, 2011) no. 13-35390, (9th Cir., filed May 6, 2013) |
Holding | |
Jury verdict; IMDb did not breach its contract with plaintiff by publishing her true date of birth | |
Court membership | |
Judge(s) sitting | Marsha J. Pechman |
Keywords | |
internet privacy, breach of contract |
Hoang v. Amazon.com, Inc. et al. (initially filed as Doe v. Amazon.com, Inc. et al.) is a lawsuit brought by actress Junie Hoang in October 2011 against
Lawsuit
Hoang, whose real name is Huong Hoang (
In October 2011, Hoang filed a lawsuit in the
Hoang's lawsuit was originally filed under the name "
In March 2013, Judge Pechman granted Amazon's motion for summary judgment, releasing it from the case; and IMDb's motion for summary judgment on Hoang's Washington state's Consumer Protection Act claim and emotional distress claims.[5][6] The case went to trial on April 9, 2013 on the remaining cause of action, IMDb's alleged breach of contract, with IMDb as the sole defendant.[5] On April 11, 2013, a federal jury in Seattle rejected the breach of contract claim.[7][8]
Appeal
In May 2013, Hoang filed a
There were two motions made to file
Oral argument in the case was held in
On March 27, 2015, the Ninth Circuit panel unanimously affirmed the decision in favor of IMDb.[17]
Reaction and aftermath
Two actors' unions, SAG and AFTRA, supported Hoang, saying that IMDb was "facilitating age discrimination".[18]
After the lawsuit was decided, the unions pressed the
References
- ^ Kenneally, Tim; Chelin, Pamela (January 6, 2012). "IMDB "Jane Doe" plaintiff reveals her real name". Reuters. Retrieved March 12, 2013.
- ^ "Amazon Age Lawsuit Actress Identifies Herself". Sky News. January 7, 2012. Archived from the original on May 1, 2013. Retrieved March 21, 2013.
- ^ a b c Hoang v. Amazon.com, Inc. et al., no. 11-cv-01709, (W.D. Wash., filed Oct. 13, 2011); retrieved from PACER, Apr. 12, 2013
- ^ a b c Johnson, Gene (January 6, 2012). "Actress who sued Amazon over age IDs herself". Associated Press. Retrieved March 21, 2013.
- ^ a b Kennally, Tim (March 20, 2013). "Actress Junie Hoang suing IMDb.com for revealing her age". Toronto Sun. Retrieved March 21, 2013.
- ^ Ciepley, Michael (March 20, 2013). "Actress's Suit Against IMDb for Publishing Her Actual Age Can Go to Trial". New York Times. Retrieved March 21, 2013.
- ^ Johnson, Gene. "Wash. jury rejects claim of actress who sued IMDb". Associated Press. Retrieved April 12, 2013.
- ^ "Actress age claim against IMDb rejected". BBC News. April 12, 2013. Retrieved April 12, 2013.
- ^ Hoang v. Amazon.com, Inc. et al no. 11-cv-01709, W.D. Wash., Notice of Appeal (May 5, 2013), retrieved from PACER, August 8, 2013.
- ^ Kenneally, Tim (May 8, 2013). "'Jane Doe' actress appeals IMDb verdict". Global Post. Thomson Reuters. Archived from the original on September 12, 2013. Retrieved August 8, 2013.
- ^ a b Hoang v. Amazon.com, Inc. et al, no. 13-35390, 9th Cir., docket report, retrieved from PACER, August 25, 2014.
- ^ Hoang v. Amazon.com, Inc. et al, no. 13-35390, 9th Cir., order (November 4, 2013), retrieved from PACER, December 30, 2013.
- ^ Hoang v. Amazon.com, Inc. et al, no. 13-35390, 9th Cir., clerk order (February 4, 2014), retrieved from PACER, April 14, 2014.
- ^ Huong Hoang v. IMDb.com, Inc. no. 13-35390 (9th Cir. Mar. 27, 2015) at 4 n.1
- ^ a b "Calendar for Seattle, Washington". United States Court of Appeals for the Ninth Circuit. Retrieved November 24, 2014.
- ^ Gardner, Eriq (February 6, 2015). "Appeals Court Hears the Scary Things That Can Happen to Actors Who Lie to IMDb". Hollywood Reporter. Retrieved February 10, 2015.
- ^ Gardner, Eriq (March 27, 2015). "IMDb Preserves Legal Win Over Revelation of Actress' Age". The Hollywood Reporter. Retrieved March 27, 2015.
- ^ "Acting unions criticise IMDb in age row". BBC News. October 28, 2011. Retrieved March 21, 2013.
- ^ a b Parker, Ryan; Handel, Jonathan (September 24, 2016). "California Enacts Law Requiring IMDb to Remove Actor Ages on Request". Hollywood Reporter. Retrieved November 11, 2016.
- ^ Cal. A.B. 1687, enacted Sep. 24, 2016
- ^ Gardner, Eriq (February 20, 2018). "California's IMDb Age Censorship Law Declared Unconstitutional". Hollywood Reporter. Retrieved February 23, 2018.
- ^ Volokh, Eugene (June 21, 2020). "Ninth Circuit Strikes Down Statute Limiting IMDb's Display of Actor Ages". The Volokh Conspiracy. Reason. Retrieved July 27, 2020.
- ^ IMDb.com v. Becerra, et al., nos. 18-15463, 18-15469 (9th Cir. June 19, 2020).
External links
In the Northern District for California
- Doe v. Amazon.com, Inc. et al., original complaint (October 13, 2011)
- Doe v. Amazon.com, Inc. et al., order dismissing original complaint (December 23, 2011)
- Hoang v. Amazon.com, Inc. et al., first amended complaint (January 6, 2012)
- Hoang v. Amazon.com, Inc. et al., order dismissing some claims (March 28, 2012), via Santa Clara University School of Law's Digital Commons
- Hoang v. Amazon.com, Inc. et al., order dismissing all remaining claims except the breach-of-contract claim against IMDb (March 18, 2013)
In the Ninth Circuit Court of Appeals
- Huong Hoang v. Amazon.com, Inc. and IMDb.com, Inc. no. 13-35390 (9th Cir.)(docket from Justia)
- Huong Hoang v. IMDb.com, no. 13-35390 (9th Cir. Feb. 6, 2015)(oral argument)
- Huong Hoang v. IMDb.com, Inc. no. 13-35390 (9th Cir.)(opinion of the court)