The history of the case is convoluted, to say the least. Hogan initially sued Gawker in federal court, but after a federal judge denied his motion for a preliminary injunction (which would have forced Gawker to immediately take down the post while the case was argued in the courts), he dropped the federal case. In December 2012, he added Gawker as a defendant in the state court case that he had already filed against Heather Clem and Bubba Clem. Gawker argued that Hogan was court-shopping and tried to remove the case back to federal court, but a federal judge remanded it back to the state court in March 2013.
In April 2013, a state judge—Judge Pamela Campbell—granted Hogan’s motion for a preliminary injunction, forcing Gawker to take down both the video and Daulerio’s commentary. Gawker took down the video, but not the commentary, and wrote a post about the ruling. Gawker also appealed the injunction order and a state appeals court reversed the injunction in January 2014 on First Amendment grounds. Gawker then filed a motion to dismiss the case, which was denied, and a motion for summary judgment, which was also denied. Since those motions were denied, the case is set to be argued before a jury in state court later this summer.