Just Because You Don't Like What People Say About You, Doesn't Mean You Get To Sue For Defamation
from the nuisance dept
We’ve written plenty of times about public interest organization Public Citizen, mainly concerning efforts by its litigation group to protect those who have been sued in bogus lawsuits that would impact the internet’s openness. However, every so often Public Citizen itself gets sued. Late last week, it revealed all of the details of a defamation lawsuit filed against it, concerning its letter to the FDA arguing that a certain product — the LipoTron — was being illegally marketed and promoted.
One of the organizations mentioned in the letter took exception to the claims in the letter and discussion on the web, and sent a cease-and-desist arguing that the claims were defamatory. In response, Public Citizen sent back a long letter backing up all of its claims (and also noting that they had never named the principal in the company, Mark Durante, so having him claim defamation personally didn’t make much sense). This is the point where it makes sense to give up, but Durante’s company, Advanced Aesthetic Concepts LP, sued anyway for libel, and asked the court for a temporary restraining order (TRO). When Public Citizen signed up a top local lawyer in Texas, pointed to Texas’ new anti-SLAPP law (which would allow them to seek lawyers’ fees), and told the lawyer that they were prepared to show up in court to contest the TRO, they were told that the case against them would be dropped.
At the very least, this yet again highlights the value of good anti-SLAPP laws in protecting those who are sued. But, once again we’re amazed at how many people seem to think that filing defamation lawsuits in situations like this could possibly bring about a good result. In this case, all it’s serving to do is call significantly more attention to the original claims that Public Citizen made in its original letter to the FDA (and then backed up in the legal filings).
Filed Under: defamation, fda, lipotron, marketing, medical devices, nuisance
Companies: advanced aesthetic concepts, public citizen
Comments on “Just Because You Don't Like What People Say About You, Doesn't Mean You Get To Sue For Defamation”
But…But…But… Defamation!
/s
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but but but tocks!
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But…But…But…Streisand Effect!
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“In this case, all it’s serving to do is call significantly more attention to the original claims that Public Citizen made in its original letter to the FDA.”
The key words here are: “In this case.”
I would say that for every time we see the “Streisand Effect”, dozens of such lawsuits are filed and won by default when the individual or company lacks the time or resources to defend itself and simply folds under the pressure.
Texas may have produced Lamar Smith, but man alive you have to admire those anti-slap laws. I hope we get those on a federal level.
Thank all you TechDirt folks for allowing me a moment for wishful thinking 🙂
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“Thank all you TechDirt folks for allowing me a moment for wishful thinking :-)”
You need a good SLAPP in the face!
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Won’t someone please think of the anti-slapp defense mechanism?
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That’s a Federal project and it is classified. Expect the Motherfucking Eagles to show up, sue you under the Espionage Act and arrest you indefinitely under the NDAA. Thanks for your cooperation 😉
“You Get To Sue For Defamation”
AFAIK, one can sue for most anything regardless of how silly or stupid. If one persists, eventually there will be repercussions for filing frivolous suits. Many believe this point is not reached soon enough.
Lipotron/Durante Defamation against PUBLIC CITIZEN & FAIRWARNING
UPDATE–Sept 2014
The manufacturer of the Lipotron (aka Lipo-EX) has been shut down and the distributor closed down and in bankruptcy because of FDA warning letters and ongoing investigations by state and federal agencies. Yes, the investigations are still open and ongoing.
Many medical practices and aesthetic spas have closed down or discontinued use of this device because of these investigations and some even sanctioned by their medical boards. Many are in litigation over the financial adversity caused by these illegal activities.
But there are still a few unwise or clueless medical entities and aesthetic spas using the device. It remains to be seen what happens to them when the bankruptcy concludes and news of the many law suits spreads.