Moore, EphBlog lawsuit dismissed

The lawsuit filed by Bernard Moore against EphBlog and its founder David Kane ’88 in July 2010 was dismissed with prejudice on Friday, and therefore cannot be brought back to court.
As reported on the website, EphBlog moved to have the lawsuit thrown out at an earlier stage of the case, and in response Moore moved to have the case dismissed, which would still allow him to re-file it at a later date. EphBlog then opposed this motion and moved to have the case permanently dismissed. The judge ruled in EphBlog’s favor, dismissing the case. Moore’s time frame for appeal has now expired, meaning that the case is assuredly closed.
Moore’s lawsuit against Ephblog, an unofficial blog about the College founded by Kane, accused the website and Kane of two counts of invading Moore’s right to privacy and one count of defamation and libel. Moore claimed that in posts on the site, Kane described private details of Moore’s life and used a copyrighted picture of Moore without his consent. Moore stated that Kane wrote false allegations about him on the website.
Throughout the suit, Kane had denied all of Moore’s claims, maintaining that EphBlog had the right to post information about the case and about Moore on the website.
Moore was dismissed from the College in Nov. 2009 after being accused of charges of fraud, to which he pled guilty. In addition to the suit against EphBlog, Moore also filed a suit against the College in Dec. 2009 for revoking his health insurance that had been covered by the Comprehensive Omnibus Budget Reconciliation Act (COBRA). Moore’s appeal in this separate case was denied by the district court of Massachusetts on Feb. 28. Kane could not be reached for comment.

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