As was reported earlier in September, first Sean McGinn couldn’t handle rejection at Match.com. Apparently now he can’t handle the humiliation and ridicule as a result of his lawsuit – which he has apparently dropped. The Law Professor blog will have complete documents and an analysis of the Match.com reply to McGinn’s complaint (and amended complaint) as well as the memorandums of law.It appears that the “lovelorn” McGinn, who filed a $5 million class-action suit against Match.com due to his unanswered emails by Match members, has dropped the lawsuit due to an extensive “amount of ridicule” that he had to endure from ”sensationalized media coverage.” His attorney, Norah Hart, reportedly wrote that this lawsuit ”caused no end of personal distress for Sean and incited a firestorm of rancorous Web commentary that Sean found literally unbearable,” lawyer Norah Hart wrote. While many who have used online dating sites can certainly sympathize with “creative marketing”, it seemed that the “creative lawyering” in the complaint which sets new standards for dating distress despondency resulted in a barrage of mocking comments.
Interesting to note that, in addition to its reply, Match.com filed a motion to dismiss on the basis of a lack of jurisdiction of the New York Federal Court, claiming that the user agreement specifies that any disputes involved the Match.com web site must be litigated in the state of Texas. More upcoming on this case soon.
Tags: dropped, match.com, motion to dismiss, sean mcginn
Michael M. Wechsler is an experienced IP attorney, Internet entrepreneur, noted speaker and quoted author. He founded Apple online community EastNet in 1992 (featured by David Pogue in Macworld Magazine) and later founding TheLaw.com. For several years he served as legal counsel to iVillage, was as an e-discovery legal consultant for Kroll Ontrack, was recently SVP of Business Strategy at Zedge, and is currently at the helm of The Law Network.
Have there been any updates? Is this a class action suit that can go on without the original plaintiff?
I’d love to talk with you in greater detail about your prior post on Match and some of the behind the scene things going on over there for your opinion. I think you had it mostly right in your prior post.
Any updates?