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Home > Higher Balance Institute v. Signs of the Times

Higher Balance Institute v. Signs of the Times [1]

Submitted by DMLP Staff on Fri, 04/18/2008 - 12:09

Summary

Threat Type: 

Lawsuit

Date: 

02/25/2008

Status: 

Pending

Disposition: 

Dismissed (total)

Location: 

Oregon

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
False Light
Tortious Interference
On March 13, 2008, Higher Balance Institute (HBI), which markets metaphysical products and education programs, filed a defamation lawsuit against the alternative news website Signs of the Times and its operators, the Quantum Future Group and Laura Knight-Jadczyk. Only Quantum Future... read full description
Parties

Party Receiving Legal Threat: 

Quantum Future Group, Inc; Quantum Future School; Signs of the Times; Laura Knight-Jadczyk

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Location of Party: 

  • Oregon

Location of Party: 

  • California
  • Colorado
  • France

Legal Counsel: 

Renée E. Rothauge; Chad M. Colton

Legal Counsel: 

Walter Hansell; Stephen Kaus
Description

On March 13, 2008, Higher Balance Institute (HBI), which markets metaphysical products and education programs, filed a defamation lawsuit against the alternative news website Signs of the Times [2] and its operators, the Quantum Future Group and Laura Knight-Jadczyk. Only Quantum Future Group has been served. HBI claims that employees of the Quantum Future Group posted defamatory statements about it on one of the website's forums. According to the complaint, these statements include allegedly false claims that HBI is a "front for pedophilia," that HBI is "conning the public," that meditation, as sold by HBI is an act of "falling into confluence with a psychopathic reality," and that HBI is a "cointelpro" organization. Cmplt. ¶23. (The Signs of the Times website uses the term "cointelpro" to refer to organizations that it claims perpetuate the ethos of a 1970s FBI counter intelligence program designed to quell domestic dissent.)

The complaint, filed in federal district court in Oregon, contains claims for defamation, false light invasion of privacy, and intentional interference with business relationships and prospective economic advantage. HBI seeks over $4 million in damages and an injunction. On April 25, 2008, Quantum Future Group moved to strike the complaint pursuant to Oregon's anti-SLAPP statute, Or. Rev. Stat. § 31.150 [3].

Update:

4/25/2008 - Quantum Future Group filed motions to dismiss for failure to state a claim [4] on which relief can be granted and for lack of personal jurisdiction [5].

5/19/2008 - Quantum Future School, Signs of the Times, and Knight-Jadezyk filed special motions to strike the complaint under Oregon's anti-SLAPP statute and joined Quantum Future Group's motion to strike. 

12/18/2008 - The district court granted the defendants' motions to strike the complaint under Oregon's anti-SLAPP statute. The court's decision relied in part on section 230 of the Communications Decency Act.

06/18/2009- The court granted in part the defendants' motion for attorney's fees. The court found the request of over $135,000 to be excessive, and so awarded $51,500.

Related Links: 

  • PR News Channel: Free Speech On Internet Under Threat [6]
  • Signs of the Times: [6]Internet Free Speech Under Threat! Eric Pepin - Higher Balance Institute Sue QFG for 4.47 Million Over SOTT Forum Comments! [6]
  • Higher Balance Institute Press Release: Higher Balance Institute Forced to File Suit to Defend Itself [7]
  • PR News Channel: Oregon Judge Ancer Haggerty SLAPPs Self-proclaimed Guru in Landmark Victory for Internet Free Speech  [8]
Details

Web Site(s) Involved: 

Signs of the Times [2]

Content Type: 

  • Text

Publication Medium: 

Forum

Subject Area: 

  • Defamation
  • SLAPP
  • Third-Party Content
  • False Light
  • Section 230
  • User Comments or Submissions
Court Information & Documents

Jurisdiction: 

  • Oregon

Source of Law: 

  • Oregon

Court Name: 

United States District Court for the District of Oregon

Court Type: 

Federal

Case Number: 

3:08-cv-00233

Relevant Documents: 

PDF icon 2008-02-25-Complaint.pdf [9]
PDF icon 2008-03-13-Amended Complaint and Demand for Jury Trial.pdf [10]
PDF icon 2008-04-25-Quantum Future Group's Memorandum in Support of Motion to Strike.pdf [11]
PDF icon 2008-04-25-Declaration of Laura Knight-Jadczyk in Support of Motion to Strike.pdf [12]
PDF icon 2008-04-25-Quantum Future Group Motion to Dismiss for Failure to State a Claim.pdf [13]
PDF icon 2008-04-25-Quantum Future Group Motion to Dismiss for Lack of Personal Jurisdiction.pdf [14]
PDF icon 2008-05-19-Knight-Jadezyk Motion to Dismiss for Failure to State a Claim.pdf [15]
PDF icon 2008-05-19-Knight-Jadezyk Motion to Dismiss for Lack of Personal Jurisdiction.pdf [16]
PDF icon 2008-05-19-Quantum Future School, Signs of the Times Motion to Dismiss for Failure to State a Claim.pdf [17]
PDF icon 2008-05-19-Quantum Future School, Signs of the Times Motion to Dismiss for Lack of Personal Jurisdiction.pdf [18]
PDF icon 2008-12-18-Opinion and Order Granting QFG, SOTT's, and Knight-Jadczyk's Motion to Strike.pdf [19]
CMLP Information (Private)

CMLP Notes: 

Source: User submission (both Contact form and in a blog comment); Google Blog Search

Status updated on 1/5/2009 (SB)

Updated 6/24/09 AVM - I added information about award of costs. 

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Source URL (modified on 08/20/2014 - 11:06pm): https://www.dmlp.org/threats/higher-balance-institute-v-signs-times

Links
[1] https://www.dmlp.org/threats/higher-balance-institute-v-signs-times
[2] http://www.sott.net/
[3] http://www.leg.state.or.us/ors/031.html
[4] https://www.dmlp.org/sites/citmedialaw.org/files/2008-04-25-Quantum%20Future%20Group%20Motion%20to%20Dismiss%20for%20Failure%20to%20State%20a%20Claim.pdf
[5] https://www.dmlp.org/sites/citmedialaw.org/files/2008-04-25-Quantum%20Future%20Group%20Motion%20to%20Dismiss%20for%20Lack%20of%20Personal%20Jurisdiction.pdf
[6] http://www.sott.net/articles/show/150512-Internet-Free-Speech-Under-Threat-Eric-Pepin-Higher-Balance-Institute-Sue-SOTT-for-4-47-Million-Over-SOTT-Forum-Comments-
[7] http://www.24-7pressrelease.com/press-release/higher-balance-institute-forced-to-file-suit-to-defend-itself-46485.php
[8] http://www.prnewschannel.com/absolutenm/templates/?a=1086&z=4
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-02-25-Complaint.pdf
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-03-13-Amended%20Complaint%20and%20Demand%20for%20Jury%20Trial.pdf
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-04-25-Quantum%20Future%20Group%27s%20Memorandum%20in%20Support%20of%20Motion%20to%20Strike.pdf
[12] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-04-25-Declaration%20of%20Laura%20Knight-Jadczyk%20in%20Support%20of%20Motion%20to%20Strike.pdf
[13] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-04-25-Quantum%20Future%20Group%20Motion%20to%20Dismiss%20for%20Failure%20to%20State%20a%20Claim.pdf
[14] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-04-25-Quantum%20Future%20Group%20Motion%20to%20Dismiss%20for%20Lack%20of%20Personal%20Jurisdiction.pdf
[15] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-05-19-Knight-Jadezyk%20Motion%20to%20Dismiss%20for%20Failure%20to%20State%20a%20Claim.pdf
[16] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-05-19-Knight-Jadezyk%20Motion%20to%20Dismiss%20for%20Lack%20of%20Personal%20Jurisdiction.pdf
[17] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-05-19-Quantum%20Future%20School%2C%20Signs%20of%20the%20Times%20Motion%20to%20Dismiss%20for%20Failure%20to%20State%20a%20Claim.pdf
[18] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-05-19-Quantum%20Future%20School%2C%20Signs%20of%20the%20Times%20Motion%20to%20Dismiss%20for%20Lack%20of%20Personal%20Jurisdiction.pdf
[19] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-12-18-Opinion%20and%20Order%20Granting%20QFG%2C%20SOTT%27s%2C%20and%20Knight-Jadczyk%27s%20Motion%20to%20Strike.pdf