U.S. District Court Judge Jack Zouhary dismissed the unnamed plaintiff's claims a month after the charges were filed.
"It's puzzling why the plaintiff is appealing such a well-thought-out ruling by the district-court judge," SexSearch lead counsel Gary Kaufman told AVN Online. "We can only assume that in bringing the appeal, the plaintiff is operating under the old adage that it doesn't hurt to try."
Kaufman said Zouhary's dismissal of the case was well-reasoned and legally correct.
"This was a very important decision for the adult industry because the court declined to recognize a duty upon adult websites to age-verify," he said. "If the ruling had been against us, then just about every adult website could have been either bankrupted or shut down. In any case, I feel confident that the online social-networking company will emerge victorious once again."
The plaintiff's attorney, Dean Boland, did not return telephone calls seeking comment.