PITTSBURGH – A federal court will now hear the case of a Pittsburgh attorney who sued Google, in claiming that the top search engine has maintained and refused to take down an unfavorable review of his legal services that he argues is fraudulent and from someone who doesn’t actually exist.
Kerry Lewis first filed suit in the Allegheny County Court of Common Pleas on Oct. 21 versus Google, Inc., also of Pittsburgh and Alphabet, Inc., of Mountain View, Calif.
“Defendant Google has published a ‘review’ by a ‘Lolo Mosby’ in which she reports a horrible experience interacting with plaintiff in his professional capacity. Her review describes plaintiff as ‘failing to show up for a hearing’ and claims plaintiff ‘ruined her life,” the suit stated.
“Plaintiff has advised defendants that the review is a fraud, that plaintiff has never had a client named ‘Lolo Mosby,’ there is no court record or other document which would support Mosby’s claim that plaintiff represented her and despite plaintiff’s request to defendants to investigate this fraud, defendants have refused to take any action and continue to maintain and disseminate the fake review in connection with Internet searches of the plaintiff conducted on its platform.”
Despite requesting the review be removed numerous times over the last year, Lewis said the defendants have refused to do so again and again.
“Defendants’ conduct is willful, wanton and wrongful in this it has systematically refused to respond to the plaintiff’s requests, objections and pleas regarding the verifiable means at defendants’ disposal to confirm that both ‘Lolo Mosby’ and the review she posted are a fraud. Further, there are no documents, court records or other documents which in any way suggest the plaintiff has ever represented the person identified as ‘Lolo Mosby,’ the alleged author of the bogus review,” per the suit.
“The defendants’ failure to conduct an investigation and remove the fraudulent review has caused damage to plaintiff’s professional reputation and resulted in great injury to plaintiff’s good name, credit and reputation, all of which has been to his great financial loss and damage.”
UPDATE
Google filed to remove the case to the U.S. District Court for the Western District of Pennsylvania on Nov. 18.
“The U.S. District Court for the Western District of Pennsylvania has jurisdiction by reason of complete diversity of citizenship of the parties. Lewis is an individual “with professional offices in Pittsburgh, Allegheny County, Pennsylvania and upon information and belief, a citizen of the Commonwealth of Pennsylvania,” the removal notice stated.
“Google, LLC is wholly-owned by XXVI Holdings, Inc., which is incorporated in Delaware with a principal place of business located in Mountain View, California. Alphabet, Inc. is incorporated in Delaware with its principal place of business located in Mountain View, California.”
This along with damages contested to be more than $75,000, are reasons that the U.S. District Court for the Western District of Pennsylvania is the appropriate venue for the case, according to the defense.
For counts of defamation, the plaintiff is seeking damages, jointly and severally, in a sum in excess of the arbitration limits of the Court, plus a trial by jury.
The plaintiff is representing himself on behalf of Lewis Lewis & Reilly, in Pittsburgh.
The defendants are represented by Ryan James of Tucker Arensberg, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:20-cv-01784
Allegheny County Court of Common Pleas case GD-20-010995
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com