Save-A-Life Foundation v. Baratz [1]

Summary

Threat Type:

Lawsuit

Date:

05/03/2007

Status:

Pending

Disposition:

Dismissed (total)

Location:

Illinois

Verdict or Settlement Amount:

N/A

Legal Claims:

Defamation

In May 2007, the Save-A-Life Foundation sued three critics of Henry Heimlich and his famous first-aid procedure, the Heimlich maneuver. Among the defendants is Peter Heimlich, Henry's son, who maintains the website "Outmaneuvered." The other defendants are Robert Baratz, an official of... read full description

Parties

Party Issuing Legal Threat:

Save-A-Life Foundation

Party Receiving Legal Threat:

Robert Baratz; Jason Haap; Peter Heimlich; WLS-TV; American Broadcasting Co.; Chuck Goudie

Type of Party:

Organization

Type of Party:

Individual

Media Company

Location of Party:

Illinois

Location of Party:

Ohio

Legal Counsel:

Ancel Glink Diamond Bush

Legal Counsel:

Stitt Klein & Daday (for Baratz, Haap, and Heimlich), Jenner & Block (for WLS-TV, American Broadcasting Co., Chuck Goudie)

Description

The foundation's complaint included a claim for defamation and alleged that Peter Heimlich and his co-defendants had falsely accused the foundation of teaching improper first-aid techniques, misleading donors about the group's finances, and misstating the number of people the foundation had trained.

The defendants moved to dismiss the complaint.

Update:

4/8/08 - Haap and Baratz filed a Motion to Strike Second Amended Complaint and to Dismiss.

06/26/08 - The court granted the Motion to Strike as to Save-A-Life's defamation claims (Counts II and III) but denied it as to the tortious interference claim (Count I). The court gave Save-A-Life leave to file amended Counts II and III.

07/10/08 - Save-A-Life filed amended Counts II and III.

08/08/08 - Haap and Baratz moved to strike the amended counts and to dismiss the action.

10/10/08 - The court granted the motion to strike amended Counts II and III as to defendant Haap but denied the motion as to defendant Baratz.

10/22/08 - The case was removed to the United States District Court for the Northern District of Illinois.

11/20/09 - Save-A-Life moved to remand the case back to state court. Defendants opposed.

02/03/09 - The court denied Save-A-Life's motion to remand.

07/07/09 - Sava-A-Life filed a motion [2]for voluntary dismissal of the case.

07/09/09- The court granted [3] the motion for voluntary dismissal without prejudice, to be converted to a dismissal with prejudice after 7/10/2010.

Details

Web Site(s) Involved:

The Cincinnati Beacon [7]
Outmanuevered [8]

Content Type:

Text

Publication Medium:

Website

Subject Area:

Defamation

Court Information & Documents

Jurisdiction:

Illinois

Source of Law:

Illinois

Court Name:

Circuit Court of Cook County, Illinois; United States District Court, Northern District of Illinois

Court Type:

Federal

State

Case Number:

2007-CH-12022 (Cook County); 1:08-cv-06022 (N.D. Illinois)

Relevant Documents:

2007-11-15-Save-A-Life Amended Complaint.pdf [9]

03-14-08-Second Amended Complaint.pdf [10]

2008-03-12-Plaintiffs' Motion for Voluntary Dismissal.pdf [11]

2008-04-08-Motion of Haap Baratz Strike 2ndAmended Complaint.pdf [12]

2008-05-09-Plaintiffs' Response to Motion to Strike.pdf [13]

2008-05-23-Haap and Baratz Reply in Support of Motion to Strike.pdf [14]

2007-05-03-Complaint.pdf [15]

2008-06-26-Order Granting Haap and Baratz Motion to Strike in Part and Denying in Part.pdf [16]

2008-07-10-Save-A-Life Amendment To 2nd Amended Complaint.pdf [17]

2008-07-17-Baratz Answer To 2nd Amended Complaint.pdf [18]

2008-07-17-Haap Answer To 2nd Amended Complaint.pdf [19]

2008-08-08-Haap and Baratz Motion To Strike Amendment and to Dismiss the Action.pdf [20]

2008-10-10-Order Granting Haap and Baratz' Motion to Dismiss in Part and Denying in Part.pdf [21]

2008-10-22-Haap and Baratz' Motion for Removal.pdf [22]

2008-10-30-Heimlich's Answer to Second Amended Complaint.pdf [23]

2008-11-03-Baratz' Answer to Second Amended Complaint.pdf [24]

2008-11-20-Save-A-Life's Motion to Remand.pdf [25]

2009-01-05-Defendants' Response to Save-A-Life's Motion to Remand.pdf [26]

2009-01-20-Save-A-Life's Reply to Defendants' Opposition to Motion to Remand.pdf [27]

2009-02-03-Order Denying Save-A-Life's Motion to Remand.pdf [28]

2009-03-02-Defendants' Motion to Dismiss or to Compel Discovery.pdf [29]

2009-07-07-Plaintiffs Volutary Dismissal.pdf [30]

2009-07-09-Granting Motion to Dismiss.pdf [31]

CMLP Information (Private)

Threat Source:

MLRC

Comments

Miami Mayor's office & The Save-A-Life Foundation [32]

From page 7 of Second Amended Complaint (3/14/2008) linked above: http://tinyurl.com/5td2e5 [33]

Save-A-Life had been working with the City of Miami, had a branch in the Miami Mayor's office, and had been providing LFSA training in Miami-Dade schools. Defendants transmitted the defamatory ABC-7 report to the Mayor's office, followed with questions and allegations about the report, and demanded responses. As a proximate result of defendants' actions, the City of Miami has terminated its relationship with Save-A-Life.

IL Senate President Emil Jones Jr. & The Save-A-Life Foundation [34]

From page 6 of Second Amended Complaint (3/14/2008) linked above: http://tinyurl.com/5td2e5 [33]

C. Save-A-Life had a positive relationship with Emil Jones, Jr., the President of the Illinois State Senate, who at the time of the defamatory ABC-7 report served as a Save-A-Life spokesman. Defendants transmitted the defamatory ABC-7 report to Senator Jones' office, called Senator Jones' office repeatedly, followed with questions and allegations about the report, and demanded responses. As a proximate result of defendants' actions, Senator Jones severed his ties with Save-A-Life.

Putnam County, NY & the Save-A-Life Foundation [35]

From page 8 of Second Amended Complaint (3/14/2008) linked above: http://tinyurl.com/5td2e5 [33]

J. Save-A-Life had developed an agreement to pilot Save-A-Life's LFSA programs in Putnam County, New York. Defendants transmitted the defamatory ABC-7 report to Putnam County EMS officials, followed with questions and allegations about the report, and demanded responses. As a proximate result of defendants' actions, the pilot was canceled.

State of Vermont & the Save-A-Life Foundation [36]

From page 7 of Second Amended Complaint (3/14/2008) linked above: http://tinyurl.com/5td2e5 [33]

E. Save-A-Life presented a pilot training program to the State of Vermont to provide LFSA programs in Vermont schools. Defendants transmitted the defamatory ABC-7 report to State of Vermont officials, followed with questions and allegations about the report, demanded responses, and demanded that a Manchester, Vermont newspaper that had published complimentary observations about the Save-A-Life program retract those comments. As a result of defendants' actions, the State of Vermont review process for the Save-A-Life pilot program was delayed, and Save-A-Life expended significant amounts of time and funds to repair the damage to its relationship with the State of Vermont caused by defendants.

Miami New Times article re: Save-A-Life Foundation [37]

"Heimlich Maneuvering - Thousands of local schoolkids were taught a faulty lifesaving technique thanks to Manny Diaz" by Tim Collie, Miami New Times, September 10, 2008: http://tinyurl.com/57yo2g [38]

10/14/08 NY Journal News article re: Save A Life lawsuit [39]

From "Health Chief Denies Troubled Foundation Link" by Marcela Rojas, The Journal News (NY), December 14, 2008: http://tinyurl.com/82wu62 [40]

SALF's lawsuit contends that 11 organizations have severed their relationship with the foundation as a result of the three defendants' interference, including a pilot program with Putnam County's Emergency Medical Services.

But Robert Cuomo, director of EMS in Putnam County since 2000, said his agency never considered participating in a pilot with SALF.

"I can tell you with all confidence that there are no plans in the works or never an agreement made," Cuomo said. "I think I remember having a conversation about Save A Life in general, that it was available to us, but we didn't do anything about it."

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