More legal sleuthing.The Rats are forced to surface and are hedge slammered. Read all about it
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Can you say
" CONSECO "??
Or, where is Mr.Pink when we need him for legal advice?
Kevin, do you know where is Mr.Pink?
cheers
TA
Thursday August 3, 11:18 am Eastern Time
Press Release
SOURCE: Biomatrix, Inc.
biz.yahoo.com
Superior Court of NJ Awards Biomatrix Summary Judgment Against Libelous Posters on Internet Message Boards
RIDGEFIELD, N.J., Aug. 3 /PRNewswire/ -- Biomatrix, Inc.
(NYSE: BXM - news) today reported that the Superior Court of New Jersey granted Biomatrix' request for summary judgment, finding the defendants, Raymond Constanzo, Richard Constanzo, and Ephraim Morris, liable for defaming the company, its chief executive officer and chief scientific officer, Dr. Endre A. Balazs, M.D., and its executive vice president, Dr. Janet L. Denlinger, Ph.D. The summary judgment ruling was issued in connection with claims filed by Biomatrix, Dr. Balazs and Dr. Denlinger against the defendants for
defamation, invasion of privacy, product disparagement, intentional interference with contractual relations, and intentional infliction of emotional distress arising from false and malicious statements repeatedly made on a variety of internet message boards.
In the court's decision granting the company's request for partial summary judgment, The Honorable Peter E. Boggia, Superior Court of New Jersey, ruled that ``For over one year the defendants posted messages on a Yahoo message board about the plaintiffs [Biomatrix, Dr. Balazs, Dr. Denlinger]. In their depositions, the defendants admit to posting the various messages about the plaintiffs. It was further admitted by the defendants that they had no reason to believe that any of the messages posted were in fact true. In this case, the content of the statements was clearly libelous. The messages contained accusations that were extremely offensive and malicious.''
For more than a year now, the defendants have authored and posted messages on Yahoo!'s Biomatrix, Inc. message board under the following user names ``voteREP,'' ``voteREPBLCN,'' ``vote_republican_2000,'' ``vr_is_back,'' ``cd_438,'' ``cd_43eight,'' ``meddra_man,'' ``jenti_is_very_pro_life,'' ``missyx_20000,'' ``rnouth2857,'' ``onecutelittlegirl,'' ``bfriendly2me2,'' ``allergictochickenbits,'' as well as several others. In addition, the defendants have authored and posted similarly
libelous,
false and
malicious statements
about Biomatrix, its employees and its products on Yahoo!'s Genzyme Surgical Products and Genzyme Tissue Repair message boards under these and other user names. Many of the messages posted have been
lewd,
hateful, and
offensive toward Biomatrix, its employees and its products. In the court's decision, the court pointed out that the defendants had admitted that those statements were false or were made with no basis to believe that they were true. The court, therefore, ruled that those statements were false and libelous. Indeed, in sworn depositions, the
defendants confirmed that
they possess no evidence of wrongdoing on the part of
Biomatrix or its employees.
In response to the Superior Court of New Jersey's confirmation of defamation and libel, Dr. Balazs said, ``While we are pleased to be vindicated by this favorable judgment, the victory is bittersweet. Regrettably, our company, its employees, technology, and lead product were seriously maligned and suffered at the hands of a few malicious detractors. We are proud that
Biomatrix is one of the first companies to succeed in
pursuing such litigation to summary judgment, and remain
committed to upholding the integrity and reputation of Biomatrix, its employees and its products. We will continue to defend vigorously against attacks.'' |