STATUS: Complaint filed September 21st, 2010.
Tenn. Cir.: Structured Settlement Broker Sues Blogger for Defamation
Courthouse News Service
A structured settlement broker and factor claims a former business associate defamed her in a blog.
http://www.courthousenews.com/2010/10/01/New_Complaints.htm
Links:
Complaint: Bentzen v. Darer
Showing posts with label Business Relationship. Show all posts
Showing posts with label Business Relationship. Show all posts
Macias v. Rivera, No. ____ (Iowa Dist. Ct. filed Oct. 2009).
Status: Pending.
The owner of a television program aimed at Hispanics sued the creator of a soon-to-be-launched competing program for statements on his blog in advance of the show. The parties were originally going to produce the existing show together, but then had a falling out.
The statements at issue were posted on the "Calle Virtual" blog under the headline, "When Your Idea is Stolen."
Spanish-language TV shows involved in court battle
Status: Pending.
The owner of a television program aimed at Hispanics sued the creator of a soon-to-be-launched competing program for statements on his blog in advance of the show. The parties were originally going to produce the existing show together, but then had a falling out.
The statements at issue were posted on the "Calle Virtual" blog under the headline, "When Your Idea is Stolen."
Spanish-language TV shows involved in court battle
Mesa Airlines v. Uslan, Civil No. 07-178 (D. Ariz. dismissed June 25, 2007).
Status: Dismissed
Mesa Airlines, which does business as the airline go! serving the Hawaiian islands, sued Mike Uslan over postings on the dontflygo.com blog site, which Mesa alleged he controlled. Uslan, a pilot with rival Aloha Airlines, was reported in one newspaper article to have been a founder of an anti-go! group named “Hawaii's Airline Employees Repelling Ornstein," or “HERO.” ("Ornstein" refers to Jonathan Ornstein, the Chief Executive Officer of Mesa's parent company, Mesa Air Group, Inc.) Mesa Air Group is an Arizona corporation based in Pheonix, and the dontflygo.com site was initially registered with an Arizona-based hosting company that provided anonymous hosting. Nevertheless, the court dismissed the case on personal jurisdiction grounds, holding that that Mesa had not sufficiently alleged Uslan’s connection to the site.
Links and Court Documents
Summary and case documents: http://www.mesavsuslan.com/
http://en.wikipedia.org/wiki/Mesa_Airlines_v._Uslan_lawsuit
http://honoluluweekly.com/diary/2007/03/navy-to-use-sonar-despite-earlier-rulings-2/
http://starbulletin.com/2007/06/23/business/story02.html
http://pacific.bizjournals.com/pacific/stories/2007/02/26/daily45.html?surround=lfn
http://www.bizjournals.com/pacific/stories/2007/06/25/daily17.html?from_rss=
http://ktar.com/?nid=6&sid=524317
Order granting motion to dismiss: http://www.dontflygo.com/documents/decision.pdf
Status: Dismissed
Mesa Airlines, which does business as the airline go! serving the Hawaiian islands, sued Mike Uslan over postings on the dontflygo.com blog site, which Mesa alleged he controlled. Uslan, a pilot with rival Aloha Airlines, was reported in one newspaper article to have been a founder of an anti-go! group named “Hawaii's Airline Employees Repelling Ornstein," or “HERO.” ("Ornstein" refers to Jonathan Ornstein, the Chief Executive Officer of Mesa's parent company, Mesa Air Group, Inc.) Mesa Air Group is an Arizona corporation based in Pheonix, and the dontflygo.com site was initially registered with an Arizona-based hosting company that provided anonymous hosting. Nevertheless, the court dismissed the case on personal jurisdiction grounds, holding that that Mesa had not sufficiently alleged Uslan’s connection to the site.
Links and Court Documents
Summary and case documents: http://www.mesavsuslan.com/
http://en.wikipedia.org/wiki/Mesa_Airlines_v._Uslan_lawsuit
http://honoluluweekly.com/diary/2007/03/navy-to-use-sonar-despite-earlier-rulings-2/
http://starbulletin.com/2007/06/23/business/story02.html
http://pacific.bizjournals.com/pacific/stories/2007/02/26/daily45.html?surround=lfn
http://www.bizjournals.com/pacific/stories/2007/06/25/daily17.html?from_rss=
http://ktar.com/?nid=6&sid=524317
Order granting motion to dismiss: http://www.dontflygo.com/documents/decision.pdf
Gilding v. Carr, No. 2007-016329 (
Gilding v. Carr, No. 2:08-cv-02137 (D.
Status: removed to Federal court; motion to dismiss pending
John Gilding, supervisor of an FAA employee who committed suicide, filed a lawsuit for defamation and false light based on two blog posts by the former president of National Air Traffic Controllers Association (NATCA) on his blog, http://themainbang.typepad.com/ Gilding argues that the postings were false and misleading. The case was moved to federal court in November 2008, where a motion to dismiss has been filed.
Links and Court Documents:
ORIX Capital Markets, LLC v. Super Futures Equities, Inc., et. al., Civil No. 06-00271 (N.D. Tex. settled Feb. 10, 2009).
Status: $12.5 million jury award; undisclosed settlement immediately prior to verdict.
In 2001, Orix Capital Markets, a financing division of Wells Fargo, foreclosed on an apartment complex in Louisiana owned by Super Future Equities, Inc., a Nevada-based investor group in which the controlling shareholders are members of the Rafizadeh family. Orix also won a nearly $11 million judgment against Mondona Rafizadeh. Super Future Equities sued Orix and Wells Fargo in 2006, alleging that that the defendants consistently ignored their fiduciary responsibility is issuing mortgages. As a counterclaim in that suit, Orix alleged libel, business disparagement and other claims against the Rafizadehs and their companies; one of these was a libel claim over www.predatorix.com (now owned by Orix), a web site run by then-18-year-old Cyrus Rafizadeh, which stated that Orix and Weel Fargo financed mortgages irresponsibly. On Dec. 14, 2007, the court granted the Orix and Wells Fargo’s motion for summary judgment on all of Super Future Equities’ claims, and on March 18, 2008 the court dismissed all of the counterclaims, except for the libel per se claim over the web site. Trial on that claim began on Jan. 25, 2009, and on Feb. 6 the jury awarded $2.5 million in compensatory damages and $10 million in punitive damages. Immediately before the jury verdict was announced, the parties reached a confidential settlement which involved a substantial payment to a charitable organization run by Orix, a public apology, and turnover of the site.
Links and Court Documents:
http://www.msnbc.msn.com/id/29120776/
http://www.msnbc.msn.com/id/28830348/
http://www.houston-press.com/2007-03-29/news/uh-student-investigates-orix/print
http://www.dallasnews.com/sharedcontent/dws/bus/stories/021109dnbusdefame.3f3fc8f.html?npc
Ruling dismissing most counter claims: http://www.thelen.com/tlu/SuperFutureEquitiesVWellsFargo.pdf
Status: $12.5 million jury award; undisclosed settlement immediately prior to verdict.
In 2001, Orix Capital Markets, a financing division of Wells Fargo, foreclosed on an apartment complex in Louisiana owned by Super Future Equities, Inc., a Nevada-based investor group in which the controlling shareholders are members of the Rafizadeh family. Orix also won a nearly $11 million judgment against Mondona Rafizadeh. Super Future Equities sued Orix and Wells Fargo in 2006, alleging that that the defendants consistently ignored their fiduciary responsibility is issuing mortgages. As a counterclaim in that suit, Orix alleged libel, business disparagement and other claims against the Rafizadehs and their companies; one of these was a libel claim over www.predatorix.com (now owned by Orix), a web site run by then-18-year-old Cyrus Rafizadeh, which stated that Orix and Weel Fargo financed mortgages irresponsibly. On Dec. 14, 2007, the court granted the Orix and Wells Fargo’s motion for summary judgment on all of Super Future Equities’ claims, and on March 18, 2008 the court dismissed all of the counterclaims, except for the libel per se claim over the web site. Trial on that claim began on Jan. 25, 2009, and on Feb. 6 the jury awarded $2.5 million in compensatory damages and $10 million in punitive damages. Immediately before the jury verdict was announced, the parties reached a confidential settlement which involved a substantial payment to a charitable organization run by Orix, a public apology, and turnover of the site.
Links and Court Documents:
http://www.msnbc.msn.com/id/29120776/
http://www.msnbc.msn.com/id/28830348/
http://www.houston-press.com/2007-03-29/news/uh-student-investigates-orix/print
http://www.dallasnews.com/sharedcontent/dws/bus/stories/021109dnbusdefame.3f3fc8f.html?npc
Ruling dismissing most counter claims: http://www.thelen.com/tlu/SuperFutureEquitiesVWellsFargo.pdf
BidZirk, LLC v. Smith, Civil No. 06-109, 2007 WL 3119445 (D. S.C. summary judgment granted Oct. 22, 2007) (unpublished).
Status: Summary judgment granted to defendant (Oct. 22, 2007).
In March 2005, Philip Smith consigned several items to BidZirk, which places customer’s items for auction on ebay.com. Smith was dissatisfied with the prices he received for some of the items, and in January 2006, began publishing entries on his “Fix Your Thinking” blog (http://jackwhispers.blogspot.com), starting with one titled “You Gotta Be Berserk To Use An eBay Listing Company!,” listing his grievances with BidZirk. The postings included BizZerk’s logo. BidZerk and its owners sued for trademark infringement, defamation and invasion of privacy; Smith countersued for claims based on the BidZerk’s sales of his items. The trial court denied a preliminary injunction against use of the logo, which was affirmed by the 4th Circuit. (Nevertheless, Smith agreed to remove all but one of the logos.) The trial court then dismissed the counterclaims. The lawsuit continued on BidZerk’s original claims against Smith, until the court granted summary judgment to the defendant in Oct. 2007.
Links and Court Documents:
http://www.citmedialaw.org/bidzirk-llc-v-smith
http://blog.ericgoldman.org/archives/2006/11/blog_lawsuit_ov.htm
4th Cir. decision: http://pacer.ca4.uscourts.gov/opinion.pdf/061487.U.pdf
Status: Summary judgment granted to defendant (Oct. 22, 2007).
In March 2005, Philip Smith consigned several items to BidZirk, which places customer’s items for auction on ebay.com. Smith was dissatisfied with the prices he received for some of the items, and in January 2006, began publishing entries on his “Fix Your Thinking” blog (http://jackwhispers.blogspot.com), starting with one titled “You Gotta Be Berserk To Use An eBay Listing Company!,” listing his grievances with BidZirk. The postings included BizZerk’s logo. BidZerk and its owners sued for trademark infringement, defamation and invasion of privacy; Smith countersued for claims based on the BidZerk’s sales of his items. The trial court denied a preliminary injunction against use of the logo, which was affirmed by the 4th Circuit. (Nevertheless, Smith agreed to remove all but one of the logos.) The trial court then dismissed the counterclaims. The lawsuit continued on BidZerk’s original claims against Smith, until the court granted summary judgment to the defendant in Oct. 2007.
Links and Court Documents:
http://www.citmedialaw.org/bidzirk-llc-v-smith
http://blog.ericgoldman.org/archives/2006/11/blog_lawsuit_ov.htm
4th Cir. decision: http://pacer.ca4.uscourts.gov/opinion.pdf/061487.U.pdf
Manhattan 10221 LLC v. Maloney, No. 113074/2007 (N.Y.C. Civil. Ct., N.Y. County filed Sept. 28, 2007).
Status: Dropped by plaintiff
A Manhattan dry cleaner sued a disgruntled customer who aired his complaints on flyers posted on the Upper East Side and on a web site, toddlaynecleanerssucks.com. The dry cleaner’s motion for an injunction against the flyers and website was denied. On Oct. 12, the court dismissed the libel claim, leaving a claim for tortious interference with plaintiff’s business and potential business. On Nov. 8, 2007, the case was moved from New York City Civil Court (claims under $25,000) to New York Supreme Court; in March 2009, the plaintiff dropped the case.
Links and Court Documents:
http://www.nypost.com/seven/10072007/news/regionalnews/soiled_reputation.htm
http://brain-terminal.com/posts/2007/10/07/my-latest-free-speech-battle
Opinion granting motion to change caption: http://decisions.courts.state.ny.us/fcas/FCAS_docs/2008APR/3001130742007003SCIV.pdf
Status: Dropped by plaintiff
A Manhattan dry cleaner sued a disgruntled customer who aired his complaints on flyers posted on the Upper East Side and on a web site, toddlaynecleanerssucks.com. The dry cleaner’s motion for an injunction against the flyers and website was denied. On Oct. 12, the court dismissed the libel claim, leaving a claim for tortious interference with plaintiff’s business and potential business. On Nov. 8, 2007, the case was moved from New York City Civil Court (claims under $25,000) to New York Supreme Court; in March 2009, the plaintiff dropped the case.
Links and Court Documents:
http://www.nypost.com/seven/10072007/news/regionalnews/soiled_reputation.htm
http://brain-terminal.com/posts/2007/10/07/my-latest-free-speech-battle
Opinion granting motion to change caption: http://decisions.courts.state.ny.us/fcas/FCAS_docs/2008APR/3001130742007003SCIV.pdf
Quixtar, Inc. v. Does, No. 07-59739-CZ (Mich. Cir. Ct., Ottawa County filed Oct. 8, 2007).
Status: Pending
Quixtar, formerly known as Amway, sued several “John Does” for postings and comments on a variety of blog websites, including freetheibo.com; forums.freetheibo.info; drinlors.biz (no longer operational); theiborebellion.blogspot.com; qreilly.blogspot.com; freetheiboblog.typepad.com; quixtarlostmycents.blogspot.com; saveusdickdevos.blogspot.com; teamfoundingfathers.blogspot.com; chrismcstu.blogspot.com; quixtartoday.blogspot.com; and integrityisteam.blogspot.com, as well as several videos posted on YouTube. The suit alleges that the unknown defendants are involved in a rival organization (unidentified in the complaint, but known as TEAM as led by Quixtar dissident Orrin Woodward), and that the comments that they posted interfered with Quixtar’s business relationships with their distributors, known as Independent Business Owners ("IBOs"). A Quixtar spokesman told reporters that the suit seeks to identify only former IBOs who the company alleges used proprietary information in their postings, and said that the company planned to reimburse the legal expenses incurred by any bloggers who do not turn out to be former IBOs.
Links and Court Documents:
http://www.citmedialaw.org/threats/quixtar-inc-v-does-1-30
http://www.mlive.com/kalamazoo/stories/index.ssf?/base/news-26/119294051655220.xml&coll=7
http://www.cbsnews.com/stories/2007/10/13/business/main3364365.shtml
http://news.moneycentral.msn.com/provider/providerarticle.aspx?feed=AP&Date=20071014&ID=7625946
Complaint: http://www.cs.cmu.edu/~dst/Amway/quixtar-subpoena-2007-10-08.pdf
Status: Pending
Quixtar, formerly known as Amway, sued several “John Does” for postings and comments on a variety of blog websites, including freetheibo.com; forums.freetheibo.info; drinlors.biz (no longer operational); theiborebellion.blogspot.com; qreilly.blogspot.com; freetheiboblog.typepad.com; quixtarlostmycents.blogspot.com; saveusdickdevos.blogspot.com; teamfoundingfathers.blogspot.com; chrismcstu.blogspot.com; quixtartoday.blogspot.com; and integrityisteam.blogspot.com, as well as several videos posted on YouTube. The suit alleges that the unknown defendants are involved in a rival organization (unidentified in the complaint, but known as TEAM as led by Quixtar dissident Orrin Woodward), and that the comments that they posted interfered with Quixtar’s business relationships with their distributors, known as Independent Business Owners ("IBOs"). A Quixtar spokesman told reporters that the suit seeks to identify only former IBOs who the company alleges used proprietary information in their postings, and said that the company planned to reimburse the legal expenses incurred by any bloggers who do not turn out to be former IBOs.
Links and Court Documents:
http://www.citmedialaw.org/threats/quixtar-inc-v-does-1-30
http://www.mlive.com/kalamazoo/stories/index.ssf?/base/news-26/119294051655220.xml&coll=7
http://www.cbsnews.com/stories/2007/10/13/business/main3364365.shtml
http://news.moneycentral.msn.com/provider/providerarticle.aspx?feed=AP&Date=20071014&ID=7625946
Complaint: http://www.cs.cmu.edu/~dst/Amway/quixtar-subpoena-2007-10-08.pdf
Kono v. Meeker, No. CL92694 (Iowa Dist. Ct. 2006), aff’d, No. 06-1554, 2007 WL 4322060 (Iowa App. Dec. 12, 2007).
Status: $500,000 award to plaintiff affirmed
California residents Larry and Carole Meeker sell antiques through their “Patented Antiques” website (www.patented-antiques.com/). They reached an agreement withIowa
Links and Court Documents:
Appellate opinion: http://www.judicial.state.ia.us/court_of_appeals/Recent_Opinions/20071212/7-596.pdf
http://cornponepapers.blogspot.com/2007/12/its-not-nice-to-say-bad-things-about.html
Status: $500,000 award to plaintiff affirmed
California residents Larry and Carole Meeker sell antiques through their “Patented Antiques” website (www.patented-antiques.com/). They reached an agreement with
Links and Court Documents:
Appellate opinion: http://www.judicial.state.ia.us/court_of_appeals/Recent_Opinions/20071212/7-596.pdf
http://cornponepapers.blogspot.com/2007/12/its-not-nice-to-say-bad-things-about.html
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