Dyroff v. The Ultimate Software Group, No. 18-15175 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed the district court's dismissal of plaintiff's claims against Ultimate Software, operator of the Experience Project website, for its alleged role in the death of her son. Her son purchased heroin from another user through the site and died of fentanyl toxicity from the heroin.
The panel held that Ultimate Software, as the operator of Experience Project, is immune from liability under section 230 of the Communications Decency Act (CDA) because its functions, including recommendations and notifications, were content-neutral tools used to facilitate communications. The panel also held that plaintiff failed to plead sufficient facts to show that Ultimate Software colluded with drug dealers on the Experience Project, and Ultimate Software did not owe a duty to plaintiff's son.