Twitter pushes for dismissal in Nunes suit, cites violation of terms of service

The tech company asked a Virginia court to dismiss the $250 million lawsuit, arguing that Nunes should have sued it in San Francisco.
Photo by Gage Skidmore
Photo by Gage Skidmore

On Tuesday, Twitter asked a Virginia court to dismiss the $250 million lawsuit filed by Rep. Devin Nunes (R-Tulare) arguing that the Congressman should have sued the company and a political strategist in California.

Liz Mair, a Republican operative, joined Twitter in a motion to dismiss the suit, filed in Henrico County, Virginia. Twitter argues that, as a user of the service, Nunes agreed to Twitter’s terms of service.


Those terms of service require any suit against the company to be filed in San Francisco.

“Plaintiff’s claim against Twitter must also be dismissed at the outset because Plaintiff agreed to, and is now violating, a mandatory forum selection clause that requires disputes concerning Twitter’s Terms or services (such as this one) to ‘be brought solely in the federal or state courts located in San Francisco, California,'” the company’s motion to dismiss reads.

Nunes initiated the lawsuit in March, claiming defamation and conspiracy.

In the suit, Nunes aleged that Twitter was “knowingly hosting and monetizing content that is clearly abusive, hateful and defamatory – providing both a voice and financial incentive to the defamers – thereby facilitating defamation on its platform.”

Mair tweeted implications that Nunes was involved in criminal activity and drug use stemming from a widely-reported incident which occurred on a yacht owned by the principal operator of a winery, the suit alleged.

Nunes also has a separate $150 million defamation lawsuit against The McClatchy Company related to a news story printed in The Fresno Bee related to the yacht incident.

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