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In Brandner v. Molonguet, an oral and maxillofacial surgeon filed a petition for a preliminary injunction against a poster on a Yahoo! website who asserted that the dental surgeon negligently cut a nerve. The Yahoo! poster warned others to check the CPT (current procedural terminology) codes billed and was critical of other reviewers who posted favorable reviews.
Question 1. What are the practical problems that the dental practice will face in addressing these unfavorable reviews?
Question 2. Can they use tort law to force Yahoo! to take down the harmful postings? Please explain.
Question 3.What procedures will the plaintiffs need to take to unveil the anonymous posters?
Question 4. Are there any First Amendment concerns that the court must consider?
Any other considerations?
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