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Blockowicz v. Williams, 10-1167

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By FindLaw Staff on December 27, 2010 2:55 PM

Blockowicz v. Williams, 10-1167, concerned a challenge to the district court's denial of plaintiffs' request to order operators of a website, on which the defendants posted the defamatory statements, to remove the statements from their website, following the district court's entry of default judgment and a permanent injunction against defendants for posting defamatory comments about plaintiffs on certain websites.

In affirming, the court held that Rule 65(d)(2)(C) is not the appropriate mechanism for achieving the removal of the defendants' posts, as the operators of the website have simply failed to act in any way relevant to this dispute since agreeing to the Terms of Service with the defendants, which they did before the injunction was issued and before the statements at issue were even posted.  The court also held that the operators cannot assert the defendants' Illinois' statute of limitations defense as the defense belongs to the defendants, who have never asserted it and who are not parties to this appeal.

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