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Paul Levy
Cyberlitigator on free speech issues at Public Citizen
Recent Activity
Hadeed Carpet Cleaning Seeks to Suppress a Dirty Secret
by Paul Alan Levy You can’t live in the DC area and not encounter the pervasive advertising for Hadeed Carpet Cleaning, from mailed coupons and display advertising in the Washington Post that promise unbelievably low prices, to classic rock broadcast... Continue reading
Posted May 8, 2013 at CL&P Blog
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Med Express Apologizes for Suing a Customer, Blaming Its Lawyer
by Paul Alan Levy Richard Radey, the President of Med Express, has published a comment on my previous article about his company, apologizing for the lawsuit filed against Amy Nicholls, claiming that the wording of the lawsuit violated his express... Continue reading
Posted Apr 18, 2013 at CL&P Blog
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Med Express and James Amodio bullying a critic
by Paul Alan Levy Med Express, an Ohio company that sells over eBay, is trying to maintain a perfect seller rating by suing a South Carolina woman who had the audacity to describe a problem she had with one of... Continue reading
Posted Apr 15, 2013 at CL&P Blog
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Attorney Fee Award Against Charles Carreon for Abusive Trademark Litigation
by Paul Alan Levy In a brief opinion issued today, Judge Richard Seeborg of the United States District Court for the Northern District of California awarded Christopher Recouvreur more than $46,000 in attorney fees and expenses for having had to... Continue reading
Posted Apr 12, 2013 at CL&P Blog
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Michigan Appeals Court Protects Anonymity of Online Critic, But Should Have Done More
by Paul Alan Levy The decision posted this morning by the Michigan Court of Appeals in Thomas Cooley Law School v. Doe is a victory for the Doe defendant, who gets the reversal that he sought, but is a mixed... Continue reading
Posted Apr 5, 2013 at CL&P Blog
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Victory for Consumers in Kirtsaeng v. John Wiley & Sons
In a 6-3 ruling today, the Supreme Court held in Kirtsaeng v. John Wiley & Sons that the first sale doctrine, which fosters the creation of a secondary market in used copies of copyrighted works by forbidding infringement claims based... Continue reading
Posted Mar 19, 2013 at CL&P Blog
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Judge Agrees to Vacate Prior Restraint Against Critic of McDonald’s Settlement – For Now
by Paul Alan Levy At Monday's hearing on the our motion to vacate the preliminary injunction against Majed Moughni to shut down his criticism of the proposed settlement of a lawsuit over McDonald’s sale of haram meat that had been... Continue reading
Posted Mar 13, 2013 at CL&P Blog
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It is our policy not to remove comments based on disagreement with what they say, but I believe Zeinab has overstepped the bounds of propriety by charging Judge Macdonald with being "corrupt." We think she is wrong, seriously wrong, but judges should not be charged with corruption just because one does not like their rulings.
Commented Mar 7, 2013 on Wayne County Judge Continues to Defy the First Amendment at CL&P Blog
Wayne County Judge Continues to Defy the First Amendment
by Paul Alan Levy A status conference was held today in connection with Maged Moughni’s motion to vacate the impermissible prior restraint that Judge Kathleen McDonald issued a month ago, forbidding Moughni to discuss in public the class action lawsuit brought against McDonald’s for selling har...
Wayne County Judge Continues to Defy the First Amendment
by Paul Alan Levy A status conference was held today in connection with Maged Moughni’s motion to vacate the impermissible prior restraint that Judge Kathleen McDonald issued a month ago, forbidding Moughni to discuss in public the class action lawsuit... Continue reading
Posted Mar 6, 2013 at CL&P Blog
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Will New US-EU "Trade" Negotiations Be Abused to Break Down Consumer Protection Standards on Both Sides of the Atlantic?
The Trans-Atlantic Consumer Dialogue ("TACD") a coalition of consumer organizations in both Europe and North America, has fired a shot across the bow of both the Obama Administration and the leadership of the EU, warning that "improving trade" through the... Continue reading
Posted Mar 5, 2013 at CL&P Blog
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Injunction Against Facebook Poster for Criticizing McDonald's Non-Halal Meat Settlement
by Paul Alan Levy Our experience at Public Citizen has been that objectors to proposed class action settlements can often expect a hostile reception. Both named plaintiffs and defendants – and their lawyers — generally have a common stake in... Continue reading
Posted Feb 22, 2013 at CL&P Blog
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Donald Trump, Paper Tiger?
by Paul Alan Levy Donald Trump consistently gets press by filing suits that show his thin skin about being criticized, but he gets less coverage for threats on which he never follows through. A couple of months ago, his lawyer... Continue reading
Posted Feb 19, 2013 at CL&P Blog
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Threatening and Suing Consumers for Criticisms the "Right Way"
by Paul Alan Levy Here at the Consumer Law and Policy blog, we worry about the chilling impact of both lawsuits against consumers’ speech and heavy-handed cease-and-desist letters demanding the cessation of such speech, on consumers’ ability to use the... Continue reading
Posted Jan 30, 2013 at CL&P Blog
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NAACP Amicus Opposition to NYC Soft Drink Rules -- Bought and Paid-for?
by Paul Alan Levy The Times reports that the NAACP filed an amicus brief supporting the soft-drink industry in its opposition to the New York City rules barring super-sized sugary drinks. It is surely not a coincidence that the NAACP... Continue reading
Posted Jan 24, 2013 at CL&P Blog
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How Should Businesses Deal with Online Criticism?
by Paul Alan Levy I often write in this space about baseless lawsuits brought by businesses to suppress criticism, although at the same time I have acknowledged that, sometimes, litigation may be a sound response to baseless attacks that are... Continue reading
Posted Jan 11, 2013 at CL&P Blog
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Charles Carreon’s Trademark Claims End, Not With a Bang, but a Whimper
by Paul Alan Levy Last summer, I blogged about trademark claims threatened by Charles Carreon, a California lawyer with a notorious past who maintains a private practice out of his home in Arizona. He had threatened suit against an anonymous... Continue reading
Posted Jan 3, 2013 at CL&P Blog
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Virginia Supreme Court Reverses Preliminary Injunction Against Yelp Review
by Paul Alan Levy The Virginia Supreme Court has summarily reversed a preliminary injunction requiring the author of a consumer review criticizing a Washington DC contractor to revise her statements about the contractor. We filed a petition for review arguing... Continue reading
Posted Jan 2, 2013 at CL&P Blog
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Resolution of the Steubenville Defamation Case
by Paul Alan Levy I am pleased to note that the parties to the defamation action in Steubenville, about which I blogged earlier this month, have resolved the matter in the very sensible manner to which my blog post pointed:... Continue reading
Posted Dec 27, 2012 at CL&P Blog
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The Boca Raton Scam on Non-Profits Pops Up Again (Yet Another Name)
by Paul Alan Levy This morning's Washington Post carries a report on a scam operation preying on non-profits, based in Boca Raton -- the scammers lure the credulous by using the name of a famous news personality, promising priceless exposure... Continue reading
Posted Dec 27, 2012 at CL&P Blog
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Prior Restraint Doctrine Protects Negative Yelp Review Against Preliminary Injunction
by Paul Alan Levy Today we have joined forces with the American Civil Liberties Union of Virginia to seek appellate review of the preliminary injunction recently entered by a trial judge in Fairfax County, Virginia, requiring Jane Perez to make... Continue reading
Posted Dec 26, 2012 at CL&P Blog
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A Contrarian Historical Perspective on Robert Bork
by Paul Alan Levy The death of Robert Bork today has revived the old debate about the defeat of his nomination to the Supreme Court, but I am sorry to see many of the ordinarily reliable sources missing the boat... Continue reading
Posted Dec 19, 2012 at CL&P Blog
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Developments in Libel Suit Against Yelp Reviewer
by Paul Alan Levy Earlier this month, Brian Wolfman and I both wrote about an impending preliminary injunction hearing in a libel suit over a consumer's review of a local contractor who, she said, had botched his work on her... Continue reading
Posted Dec 18, 2012 at CL&P Blog
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Steubenville Rape Case and Libel Suit
by Paul Alan Levy The New York Times carries an exceptionally detailed report of the controversy over the rape of a high school girl and the libel case brought by the parents of a player against an online blogger and... Continue reading
Posted Dec 17, 2012 at CL&P Blog
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Victoria Secret Trademark Complaint — Another Hosting Company Finks Out
by Paul Alan Levy Amid the coverage of the feminist prank web site using Victoria Secret's name on a site promoting the concept of consent-themed underwear instead of underwear that portrays a woman’s readiness for sexual contact as a “sure... Continue reading
Posted Dec 14, 2012 at CL&P Blog
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Defamation claims and Article III standing
by Paul Alan Levy I am dealing with a case in which a company has sued investors for defamation, alleging statements made about shenanigans of some of the individuals employed by the company. The "of and concerning" requirement under state... Continue reading
Posted Dec 6, 2012 at CL&P Blog
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