One of the cases that I've been following involves a blogger named Robert Delsman who took on a giant company, and won. Here's some background:

Sedgwick, a company that provides insurance claims management services, sued Robert Delsman, a former employee of one of Sedgwick's clients, for copyright infringement, defamation, and other torts, after he created gripe sites, blogs, videos and print materials criticizing the company. Delsman's beef with the company started after he filed a claim for disability benefits in 2006.  According to the complaint, Delsman was unhappy with the way in which Sedgwick handled his claims, and began a campaign of harassment which allegedly included:

  • Hosting pictures of Sedgwick's CEO and COO on his website and blog, which "morph[ed] . . . into images of Adolph Hitler and Heinrich Himmler," and posting a similar video to YouTube
  • Referring to Sedgwick and its employees as "Sedgthugs"
  • Unjustly accusing Sedgwick of engaging in criminal behavior on his website and in emails
  • "Operation Going Postcard," in which Delsman sent postcards to Sedgwick offices, employees, customers and outside insurance agencies in multiple states.  These postcards allegedly contained copyrighted images of Sedgwick's CEO and COO and an image of a human skull containing Sedgwick's trademark in the eye sockets, along with "defamatory, false and libelous statements against Sedgwick.

I spoke to Delsman recently, and this guy has some serious huevos.  I love the part about the postcards -- I will do the same to Apex's clients.  BTW, we were in the Persian Gulf around the same time, me with the Marines, and he with Westinghouse, and we shared stories about Kuwait City.  Delsman filed his own suit against Sedgwick AND WON:

07/17/2009- The court construed Delsman's motion for summary judgment as a motion to dismiss and granted the motion.  The court held that the copyright claim failed because Delsman's use of Sedgwick photographs was fair use.  The court dismissed the remaining claims under California's anti-SLAPP statute.

John Dozier, notorious Internet lawyer (stay away, far away), took a dim view Delsman's actions:

 This type of situation is an all too common occurrence and must be managed very carefully to avoid a “mobosphere” attack from all regions of the world defending this individual’s right to “free speech”.

Well, no shit, Mr. Dozier.  Consider me a proud member of the mobosphere.  The criminals from Sedgwick Claims Management Service went after a disabled Navy vet, and are now suffering the consequences.  I can assume that this attack on Delsman has blown up in their face, and further damaged their already pathetic reputation.  I've read that they even had the nerve to appeal the case to the fuckin' 9th Circuit.  They have more money than brains.

This brings us to Apex Technology Group.  Apex (mob) attorney Patrick Papalia has been playing fuck-fuck games with my Jew lawyer and refuses to settle.  I was even willing to take the Apex shit off of my sites if I ever got them back, and move on.  They are fucked, forever, and know it.  Google searches for Apex Technology Group will always have an odd assortment of results with the word "fraud" in them. 

So they won't settle, and they won't sue.  Suing would mean that their corrupt fuckin' business model would be exposed in discovery, and all of their illegal bonded contracts would see the light of day.  Plus, they don't have the money for that kind of shit. 

But I do.  I have plenty of cash to sue the shit out of Apex.  We will start by dragging them into court in the State of California, where an anti-SLAPP motion will be filed against them.  Considering that their complaint lacks any merit, and all my online activity was protected under Section 230 of the CDA, they will lose, and then have to pay my legal fees with a triple multiplier.

Then I will sue them in New Jersey for abuse of process, and they will lose there.  Those damages will be considerable.  Pretty soon, they will be out of business.


Comments (3) -


March 29. 2010 23:41
TaxiDriver

Apex has what they asked for, so why should they move forward with the case?  The interrim order will stand as long as the case is pending.  The ball is in your court now.  Unless you move for summary judgment, Apex will just sit on its hands, since they already have what they want.

I think once judge Hurley is out of there, would be a good time to move.

I would be careful about contacting Apex's customers directly, since that could be viewed as tortious interference with business relations, which is a much bigger mess than libel and copyright infringement.  It would also make it a lot easier for them to "out" you.  You would have to make sure none of your DNA or fingerprints were on any of the postcards.

TD


http://www.helotry.org/http://www.helotry.org/


March 30. 2010 10:04
tunnel rat

Good points, TD.  Judge Hurley retired in February.  He was a last minute replacement for the original judge.  Papalia's firm had already got in trouble for offering a retiring judge a job in return for a favorable client ruling.  That's what probably happened here.

I am working with my NJ lawyer on this.


http://www.techinsurgent.com/http://www.techinsurgent.com/


April 28. 2010 17:19
Rob Delsman

"Tunnel Rat"

Thanks for the press, I am happy to return the favor!

Addressing the first comment,  Sedgwick's first ammended complaint was

FIRST AMENDED COMPLAINT FOR
TRESPASS TO CHATTELS; COPYRIGHT
INFRINGEMENT; INTERFERENCE
WITH PROSPECTIVE ECONOMIC
ADVANTAGE; TRADE LIBEL;
DEFAMATION AND LIBEL; AND
UNFAIR COMPETITION

Which has all the makings of a great anti-SLAPP law suit.
As far as the postcards go, mail them, especially to Apex's clients, they have a right to be publically informed on these matters.  I wouldn't worry about DNA on the postcards because it is appropriate to sen them under certain conditions.

As far as Dozier Internet Lawyer goes, he wrote a less than steller article about me so my personal opinion is that he is full of shit (at least in regards to me).

In these economic times consumers deserve the truth.  Just gove it to them, honestly and simply.

Good luck my friend,

Rob Delsman


http://gesupplyrexeldiscrimination.blogspot.com/http://gesupplyrexeldiscrimination.blogspot.com/

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