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Pastimes : Investment Chat Board Lawsuits

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To: dantecristo who wrote (1264)	5/1/2001 8:47:12 AM
From: dantecristo	Read Replies (5) of 12465

Varian's Responding Brief in CA Appeals in which they argue that discussions on company financial message boards are NOT public issues: "Delfino and Day focus on the fact that Varian Medical and Varian Semiconductor are publicly traded corporations. [Del AOB at 7; Day AOB at 31.] However, statements about publicly-traded companies are not automatically deemed to be in connection with a public issue. Cf. Isuzu Motors Ltd. v. Consumers Union of U.S., Inc. (C.D. Cal. 1999) 66 F. Supp. 2d 1117, 1122-24 (discussing circumstances under which corporation is deemed public figure); Vegod Corp. v. ABC, Inc. (1979) 25 Cal. 3d 763, 769-71 (discussing same and observing that "those assuming the role of business practice critic do not acquire the First Amendment privilege to denigrate such entrepreneur"). The record contains no evidence from which it can be found that Varian Medical or Varian Semiconductor have attained such notoriety or power of the press that any statement about them can be considered of public interest. [See App., passim.]" geocities.com

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