Pasadena, CA (January 2020) – In a decisive victory for free speech online, Darren Chaker prevailed where an attorney sued Mr. Chaker for publishing public records about San Diego attorney Scott McMillan concerning a past report for child molestation and material about the law school Mr. McMillan operates out of his office, the McMillan Academy of Law.
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. Mr. McMillan filed a civil RICO lawsuit against Mr. Chaker in San Diego federal court.
The federal lawsuit demanded damages and demanded the court order several search engines to deindex several URLs concerning The McMillan Law Firm, McMillan Academy of Law, and San Diego attorney Scott McMillan. The lawsuit was dismissed.
Mr. McMillan appealed to the United States Court of Appeals for the Ninth Circuit. At oral argument in Pasadena, California, Mr. McMillan represented himself, while Mr. Chaker was represented by a former federal judge who also sat on the Ninth Circuit by designation.
On January 27, 2020, the Ninth Circuit issued a short, simple order affirming the lower court ruling concluding Mr. McMillan lacked any merit to his lawsuit. The winning brief for Darren Chaker here, civil RICO brief.
Case Caption: Scott McMillan v. Darren Chaker
Case No.: 17-56676
Counsel for Darren Chaker:
Stephen G. Larson
555 South Flower Street, Suite 4400
Los Angeles, CA 90071