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KATHERINE GRIFFIS ,
PLAINTIFF
VS.
MARIANNE LUBAN,
DEFENDANT
A hearing was held on Plaintiff's application for default on January 9, 1998. Appearing were Plaintiff and her counsel. Based upon the default of the Defendant and the testimony adduced at the hearing, the Court finds as follows:
1. Defendant has published on the Internet a number of false statements concerning the Plaintiff. Specifically, she has made the following statements:
A. She has called the Plaintiff a liar;
B. She has alleged, directly and by implication, that Plaintiff secured membership in the International Association of Egyptologists and placement on other lists of Egyptologists or membership in other Egyptological organizations by misrepresenting her qualifications when applying to those organizations and lists;
C. She claimed that the Plaintiff was not affiliated with the University of Alabama at Birmingham and that she had not taught courses in Egyptology in the Special Studies Department of the University of Alabama at Birmingham;
D. She claimed that Plaintiff lied when she identified herself as having a Juris Doctor degree;
E. She alleged that the consulting business Plaintiff conducts is not legitimate; and
F. She has referred to Plaintiff as a "con artist", a "scam-artist" and a "phony".
2. Plaintiff conducts a consulting business, a significant part of which is through use of the Internet and the World Wide Web. Part of her business is based upon her background and expertise in Egyptology, and her ability to carry out her business is threatened by the statements that have previously been made and would be threatened by any further false statements. However, such potential harm would not be quantifiable.
3. In light of the foregoing, Plaintiff has no adequate remedy at law and the issuance of an injunction prohibiting Defendant from repeating her false statements is necessary to protect Plaintiff's rights.
Therefore, it is ORDERED and ADJUDGED as follows:
1. That defendant be, and hereby is, permanently enjoined from publishing in any form including, but not limited to, the Internet, World Wide Web, and E-mail, any statement asserting or implying:
A. that Plaintiff is a liar;
B. that Plaintiff is a phony;
C. that Plaintiff is a con-artist or scam-artist;
E. that Plaintiff has falsified her credentials in order to gain admission to any organization, or inclusion on any list, of Egyptologists;
F. that Plaintiff is not affiliated with the University of Alabama at Birmingham or has not taught courses in Egypt or Egyptology through that affiliation;
G. that Plaintiff does not possess a Juris Doctor degree;
H. that Plaintiff is not engaging in a legitimate consulting business.
2. That a violation of the provisions of this injunction shall constitute a contempt of this Court by Defendant.
DONE & ORDERED
costs taxed as paid
(signed) William A. Jackson
CIRCUIT JUDGE
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Certificate of Judgment Under the Acts of Congress
Certificate of Judgment as a True Copy
Permanent Injunction - Page One
Permanent Injunction - Page Two
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