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Home > Danks v. Harris

Danks v. Harris [1]

Submitted by DMLP Staff on Fri, 09/12/2008 - 16:46

Summary

Threat Type: 

Lawsuit

Date: 

03/22/2005

Status: 

Concluded

Location: 

California

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
Securities Law
Tortious Interference
Don Danks, CEO of Imergent, Inc., filed a lawsuit against Stocklemon.com and its operators, Andrew Left, Bill Harris, Alex Waynberg, and Alex Khachaturyan, alleging defamation, tortious interference with economic advantage, and violations of federal and state securities laws.  According to one ... read full description
Parties

Party Issuing Legal Threat: 

Don Danks

Party Receiving Legal Threat: 

Bill Harris; Alex Khachaturyan; Andrew Left; Alex Waynberg; StockLemon.com

Type of Party: 

Individual

Type of Party: 

Individual

Legal Counsel: 

Kristal Gunn, Barry K. Rothman

Legal Counsel: 

Peter Kravitz, Kavita Amar
Description

Don Danks, CEO of Imergent, Inc., filed a lawsuit against Stocklemon.com and its operators, Andrew Left, Bill Harris, Alex Waynberg, and Alex Khachaturyan, alleging defamation, tortious interference with economic advantage, and violations of federal and state securities laws.  According to one press account [2], Danks maintained that Stocklemon posted defamatory statements about companies in order to manipulate their stock price for profit.  Danks appears to have been complaining about statements posted by website operators and anonymous users of the site, but the record is not entirely clear.  Barry K. Rothman, Danks's lawyer, said the following about the lawsuit soon after it was filed:

This litigation is intended to be a test case that will make it mandatory for principals of these self-professed consumer watchdog sites to disclose their identities, and the true identities of the fictitious names of the people who post. Most importantly this litigation is intended to be a test case that these websites have a financial motive in publishing the false and negative information they publish and they cannot hide behind Freedom of Speech and 1st Amendment Rights and we intend to have the court impose severe punitive damages against all defendants as a result of the outrageous defamation that has been published "for profit." (source [2])

Andrew left filed a special motion to strike the complaint based on California's anti-SLAPP law [3],  but the record is not clear on the result of that motion. Two appeals were taken during the course of the litigation, but their outcomes are similarly unclear. The trial- and appeals-level dockets for this case indicated that it is closed, but the CMLP has not been able to determine exactly what happened.

Related Links: 

  • BNET: Don Danks, Chairman and CEO of Imergent, Inc. Files $15 Million Lawsuit Against Stocklemon.com and Its Principals for Libel and Defamation  [4]
Details

Web Site(s) Involved: 

StockLemon (now Citron Research) [5]

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Defamation
  • SLAPP
Court Information & Documents

Jurisdiction: 

  • California

Source of Law: 

  • United States
  • California

Court Name: 

Superior Court of California, Los Angeles County; California Court of Appeals, 2nd Appellate District

Court Type: 

State

Case Number: 

BC330676 (trial); B184860 (appeal 1); B190111 (appeal 2)
CMLP Information (Private)

Priority: 

1-High

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Source URL (modified on 08/20/2014 - 11:03pm): https://www.dmlp.org/threats/danks-v-harris

Links
[1] https://www.dmlp.org/threats/danks-v-harris
[2] http://findarticles.com/p/articles/mi_pwwi/is_200504/ai_n13601483
[3] https://www.dmlp.org/legal-guide/anti-slapp-law-california
[4] https://www.dmlp.org/BNET:%20Don%20Danks,%20Chairman%20and%20CEO%20of%20Imergent,%20Inc.%20Files%20$15%20Million%20Lawsuit%20Against%20Stocklemon.com%20and%20Its%20Principals%20for%20Libel%20and%20Defamation
[5] http://www.stocklemon.com