2009 John Marshall Law School International Moot Court Competition in Information Technology and Privacy Law: Bench Memorandum, 27 J. Marshall J. Computer & Info. L. 95 (2009)

Petitioner, Phillip Nevilson, appeals to the Marshall Supreme Court from a decision affirming the granting of summary judgment in favor of Respondent, Marshoogle, Inc., on his claims of intrusion upon seclusion, publication of private facts, and tortious interference with business expectancy claims. The issues in this case concern whether an individual can state a claim for invasion of privacy against an Internet search engine provider where liability is based on taking a photograph of an individual in his home and the publication of such photograph on a website. The final issue concerns whether the act of publication of the photograph in question constituted a tortious interference with a business expectancy.