Stupid Legal Threats: An Excellent Way To Destroy Your Brand

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29 Responses

  1. Josh C says:

    Per Overstreet's letter, he believes the point of dispute is the fairness of federal moving practices. Thus, regardless of the Buckleys' actual motive, Overstreet is making legal threats based on their complaint in an open forum about federal practices, which is a clear, bad faith violation of even mediocre anti-SLAPP.

    Does that fly?

  2. jaxkayaker says:

    "please stand by whilst I demonstrate that anyone with obstructed access to a typewriter can make a legal threat."

    or perhaps you meant unobstructed access?

  3. Stephen says:

    I think you've linked to it before, but is there a source I can use to look up the anti-SLAPP law in my state?

  4. Phil Buckley says:

    Wow, that's am impressive post Ken. Thank you for your support during this. I'll keep you in the loop.

    I have heard from a few attorney's offering to help me out with this, including one in the very district that Casey Movers wants to bring the suit.

  5. Dan Weber says:

    The people shitting up the Yelp page with 1-star "reviews" of a service they've never used are not helping.

  6. M. says:

    The Streisand Effect could easily fodder a blog all by itself.

  7. Wait wait wait, I'm checking my statute book for " unnecessarily damaging." Hold on, I think I, wait, it's, no, not there, I'll be back with it soon, I hope. Just wait.

  8. Conrad says:

    "push for a federal anti-SLAPP statute"

    I hear that whitehouse.gov has a page that allows you to create petitions…

  9. Grifter says:

    I used to go to the Consumerist all the time, but ever since their catastrophic server fail, I only go occasionally (it's just not as useful or interesting), and I think it's funny I happened to go and see this yesterday.

  10. DennisG says:

    In some cases, it's better to change your name than to try to clean up your reputation management problem. Matthew Overstreet has such problem now…

  11. Dave Ruddell says:

    Still nowhere near as bad as Ocean Marketing. Man, that was epic.

  12. David Yang says:

    When moving, I agree with this article: http://remarkettrends.wordpress.com/2012/01/23/choosing-your-mover-guest-blogger-matthew-overstreet/

    In it, the author states "Research your movers on the Better Business Bureau (http://www.bbb.org) and online (YELP, GOOGLE)." With your help, I've found just how foolish the management is at Casey Movers.
    Thank you Matt!

  13. Nicholas Weaver says:

    See, ken? Sometimes these guest blogger offers can produce useful content, not just ponies. :)

  14. naught_for_naught says:

    Above and beyond the substance of this post, that's just good writin'. In particular, "…you are leaping into the frenetic ravenous maw of the easy-narrative-loving meme-hungry web…" is just succulent.

  15. Matthew Cline says:

    Per Overstreet's letter, he believes the point of dispute is the fairness of federal moving practices. Thus, regardless of the Buckleys' actual motive, Overstreet is making legal threats based on their complaint in an open forum about federal practices, which is a clear, bad faith violation of even mediocre anti-SLAPP.

    I think that Overstreet's claim is that the complaint makes it sound like his company provides worse service than other moving companies, but other moving companies would have done exactly the same thing due to federal laws. Even assuming this to be true, I have no idea if that would be a valid basis for a defamation lawsuit.

  16. Bolognesus says:

    jaxkayaker • Nov 15, 2012 @9:11 am
    or perhaps you meant unobstructed access?

    That would entirely depend on the presumed location of said typewriter.

  17. efemmeral says:

    “ . . . and (2) empower them to cockroach-stomp you righteously.”

    I’ve been deceiving myself. I don’t read this blog for its content; I read it for its lyrical expressionism.

  18. Bill says:

    Yelp is domiciled in California and the Buckleys are domiciled in North Carolina. Massachusetts law Chapter 223A (d) does not recognize long arm jurisdiction in this instance assuming that the Buckleys do not regularly solicit business, etc. there:

    (d) causing tortious injury in this commonwealth by an act or omission outside this commonwealth if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this commonwealth;

    Unfortunately for Buckley, if she gets served, her most prudent course of action is to file a motion to dismiss based on lack of personal jurisdiction rather than ignoring it and trusting that the court will do the right thing and dismiss sua sponte. Vacating a default judgment at a later date is not what one would want to do.

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    [...] Stupid Legal Threats: An Excellent Way To Destroy Your Brand – Ken, Popehat [...]

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