Buzzfeed Lawsuit Brings Out Legal Humor

MIAMI, FL — It's probably smart to double check your math if you're taking the IRS to court. But, if you're challenging the website Buzzfeed to a legal battle, it couldn't hurt to punch up your copy.

That may explain the somewhat unconventional legal brief filed filed earlier this week in the Miami Division of U.S. District Court by the law firm representing Aleksej Gubarev, XBT Holdings S.A. and Webzilla Inc. against Buzzfeed Inc. and Ben Smith.

The stylishly titled brief couldn't have been more eye-catching if Buzzfeed had assigned its crack team of writers and editors to make the document sizzle: "Six Ways Buzzfeed has Misled the Court (Number Two Will Amaze You) ... and a Picture of a Kitten."

In case the judge wasn't laughing at this legal clickbait, attorneys for the plaintiff also referred to the document as “Plaintiffs’ Opposition to Defendants’ Motion to Dismiss" in subsequent references.

The real purpose of the 22-page document was to convince the court not to dismiss the plaintiff's lawsuit alleging that Buzzfeed published a defamatory article about Webzilla. It also made the case for keeping the proceedings in the Sunshine State.

The article at the heart of the suit, "These Reports Allege Trump Has Deep Ties To Russia," was published on Jan. 10 and viewed more than 5.9 million times, according to the document.

"In a somewhat remarkable Motion to Dismiss, Plaintiffs Buzzfeed, Inc. (“Buzzfeed”) and Ben Smith (“Mr. Smith”) intimate that their ties to Florida are so sparse that, collectively, they can barely find Florida on a map and that, as a result, the present case should be dismissed for lack of jurisdiction or transferred to the Southern District of New York," the document charged.

"In truth, however, this case does not present a 'close call' jurisdictionally: Defendants have extensive and continuing ties to Florida; committed an intentional tort in Florida; and caused harm to a Florida corporation. Defendants regularly and routinely send their reporters to Florida; report on Florida-centric stories; host celebrity-laden parties in Florida; livestream events from Florida; work with Florida advertisers; and generally target and solicit an audience in Florida."

Moreover, the document said that Buzzfeed is as much "at home" in Florida as the state's sunny beaches and Florida orange juice.

It also pointed to dozens of Buzzfeed articles "created and circulated" for clients like VisitFlorida.com and the Florida Department of Citrus.

In case you're wondering, attorneys for the plaintiff insist that there really is a picture of a kitten marked as Exhibit 41.

Photo by J McFarlane via Flickr (not the same kitten referenced in the story)