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Technology Stocks : Varian Semiconductor Equipment Associates -- VSEA -- Ignore unavailable to you. Want to Upgrade?

To: Proud_Infidel who wrote (980)	10/4/2000 5:32:42 PM
From: dantecristo	Respond to of 1929

Why no comment from Orrick, eh Brian? "INJUNCTION AGAINST POSTINGS REVOKED Former employees of Varian have criticized the company in more than 10,000 electronic postings By Craig Anderson Daily Journal Staff Writer SAN JOSE - Two former employees of Varian Medical Systems are free to continue firing away without restriction their online volleys against their former employer after a 9th Circuit U.S. Court of Appeals tossed out a preliminary injunction in the case on procedural grounds. The ruling does not necessarily mean the company will not prevail in its unusual pursuit of online critics when the case, which has bee remanded to Santa Clara County Superior Court, is ultimately decided. But it is a frustrating setback for Varian Medical Systems, which has waged a legal battle against critics who have posted more than 10,000 entries on message boards for investors, which former employees Michelangelo Delfino and Mary Day admit include personal attacks on company managers. Delfino and Day continue to post regularly on the Yahoo message board devoted to Varian and to maintain a Web site devoted to their legal battle with the company. 'We're continuing to post on the Web sites and exercising our free speech like crazy,' Day said. The appeal court's ruling vacates a preliminary injunction granted by U.S. District Court Judge Ronald Whyte last year barring Delfino and Day from posting defamatory messages and from impersonating employees. Varian charges that the Los Altos residents posted messages purportedly from several company managers on another stock message board, and says they have videotape that proves it. Whyte agreed last November, finding that Delfino violated his injunction, saying that the defendant 'offered no credible evidence (admissible or otherwise) that he and Day did not author the message in question.' He ordered Delfino to pay Varian's expenses for investigating his alleged posting. But the appellate court panel, in an unpublished ruling last week, unanimously concluded that the preliminary injunction in Varian Medical Systems Inc. v. Delfino, 99-20256, should have been vacated after Whyte subsequently dismissed one of Varian's federal claims and remanded the remainder of the case to state court. Palo Alto attorney, Glynn Falcon, who represents Delfino, hailed the ruling as a victory for free speech. 'All of that stuff that went on in Federal court is a nullity,' he said. Lynne Hermle, of Palo Alto representing Varian, could not be reached for comment Tuesday. Most corporations file lawsuits against John Doe defendants to gain access to the discovery process so they can use it to learn the identity of their critics, who almost all publish critical messages using pseudonyms. The Varian case is rare because the company is vigorously pursuing its complaint against named defendants. Varian's attorneys have said they are trying to protect their employees, who have been attacked as liars and neurotics, in the messages that Delfino admits posting." San Francisco Daily Journal (PAGE 2: Sep 27, 2000) geocities.com

To: Proud_Infidel who wrote (980)	10/5/2000 11:34:15 AM
From: ima_posta2	Respond to of 1929

VSEA down again!!! The price of SLAPP - the price of Susan B. Felch, the scary high-level Varian manager and her history of invasive bathroom videotaping. So fellow VSEA investors, will there be a multi-million dollar class action lawsuit?

To: Proud_Infidel who wrote (980)	10/5/2000 4:52:44 PM
From: ima_posta2	Respond to of 1929

Brian? VSEA dropped 11.7% today!!!! Brian, are you still there?