in Re Facebook, Inc. and Facebook, Inc. D/B/A Instagram ( 2020 )


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  • Petitions for Writ of Mandamus Denied and Memorandum Majority and
    Dissenting Opinions filed April 28, 2020.
    In The
    Fourteenth Court of Appeals
    NO. 14-19-00845-CV
    NO. 14-19-00847-CV
    IN RE FACEBOOK, INC. AND FACEBOOK, INC. D/B/A INSTAGRAM,
    Relators
    ORIGINAL PROCEEDING
    WRIT OF MANDAMUS
    334th District Court
    Harris County, Texas
    Trial Court Cause Nos. 2018-69816, 2018-82214
    NO. 14-19-00886-CV
    IN RE FACEBOOK INC. D/B/A INSTAGRAM, Relator
    ORIGINAL PROCEEDING
    WRIT OF MANDAMUS
    151st District Court
    Harris County, Texas
    Trial Court Cause No. 2019-16262
    MEMORANDUM MAJORITY OPINION
    Each plaintiff in the underlying cases is a minor who connected on Facebook
    or Instagram (collectively, “Facebook”) with individuals who forced them into
    human trafficking. The plaintiffs seek to hold Facebook liable for damages resulting
    from being victimized by trafficking. Facebook filed a Rule 91a1 motion to dismiss
    each plaintiff’s case against Facebook based on an immunity provision under a
    Federal statute known as the Communications Decency Act. See 
    47 U.S.C. § 230
    .
    Facebook filed two petitions for writ of mandamus in this court. See Tex.
    Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the first petition filed in
    our case numbers 14-19-00845-CV and 14-19-00847-CV, Facebook asks this court
    to compel the Honorable Steven Kirkland, presiding judge of the 334th District
    Court of Harris County, to set aside his May 23, 2019 orders denying Facebook’s
    Rule 91a motions to dismiss.
    In the second petition filed in our case number 14-19-00886-CV, Facebook
    asks this court to compel the Honorable Mike Englehart, presiding judge of the 151st
    District Court of Harris County, to set aside his October 4, 2019 order denying
    Facebook’s Rule 91a motion to dismiss.
    Facebook has not established that it is entitled to mandamus relief.
    Accordingly, we deny Facebook’s petitions for writ of mandamus. We also lift our
    stays issued on November 14, 2019, and November 19, 2019.
    PER CURIAM
    Panel consists of Justices Christopher, Spain, and Poissant. (Christopher, J.,
    dissenting).
    1
    See Tex. R. Civ. P. 91a.
    2
    

Document Info

Docket Number: 14-19-00845-CV

Filed Date: 4/28/2020

Precedential Status: Precedential

Modified Date: 4/28/2020