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FireClean has filed a complaint on Mar 17, 2016 against tuohy (vuurwapenblog) and e.baker (NH fellow) because of their tests back in Sep 2015, showing similarities between FireClean & crisco vegetable oil.
e.baker later ran his own tests in WPI labs with similar findings. FireClean complaint states that e.baker "contacted Tuohy for the express purpose of conspiring with him to further defame and damage FireClean."
FireClean is claiming that their "revenues have fallen by over $25,000 per month since Tuohy's first tortious act, and FireClean will continue to suffer losses in the future, and likely permanently, due to Tuohy's and Baker's public and malicious campaign against it." [emphasis mine]
in Bose vs. Consumers Union case, SCOTUS ruled that "proof of actual malice was necessary in product disparagement cases raising First Amendment issues".
my feeling is that the case will be dismissed, settled, or lost with fair representation. however it will still be a financial drain for the defendants and may discourage honest reviews/opinions elsewhere. this is a desperate strategy. unfortunately the state of Virginia where the complaint is filed does not have protection against such burdening lawsuits (SLAPP).
reference #1: FireClean Sues Over VuurwapenBlog Articles
reference #2: official complaint
reference #3: bose vs consumers union
reference #4: strategic lawsuit against public participation
e.baker later ran his own tests in WPI labs with similar findings. FireClean complaint states that e.baker "contacted Tuohy for the express purpose of conspiring with him to further defame and damage FireClean."
FireClean is claiming that their "revenues have fallen by over $25,000 per month since Tuohy's first tortious act, and FireClean will continue to suffer losses in the future, and likely permanently, due to Tuohy's and Baker's public and malicious campaign against it." [emphasis mine]
in Bose vs. Consumers Union case, SCOTUS ruled that "proof of actual malice was necessary in product disparagement cases raising First Amendment issues".
my feeling is that the case will be dismissed, settled, or lost with fair representation. however it will still be a financial drain for the defendants and may discourage honest reviews/opinions elsewhere. this is a desperate strategy. unfortunately the state of Virginia where the complaint is filed does not have protection against such burdening lawsuits (SLAPP).
reference #1: FireClean Sues Over VuurwapenBlog Articles
reference #2: official complaint
reference #3: bose vs consumers union
reference #4: strategic lawsuit against public participation