Announcement Jared Ross v. eLightbars

For those of you who may not be aware, eLightbars has been involved in an ongoing lawsuit with one of our previous members. This has impacted both my time and funds, and been a major factor during the months it spanned (November 2014 until now).

I am pleased to report a summary judgment was granted in our favor. The judgement and opinion are attached below, and the summary from the opinion document is quoted below. Thanks to all who assisted through purchases, donations and volunteering time. I am happy to put this chapter of the site behind us and look towards the future.

John Marcson


Case Number 3:14 CV 2610

JARED ROSS, DBA EMERGENCY VEHICLE PRODUCTS GROUP,
v.
ELIGHTBARS LLC


"The Court finds no genuine issue of material fact that Defendant is shielded from liability from Plaintiff’s claims in this lawsuit by the express terms of the CDA [Communications Decency Act]. Thus, Plaintiff’s claims fail as a matter of law and Defendant’s Motion for Summary Judgment should be, and hereby is, GRANTED.
IT IS SO ORDERED."

----s/James R. Knepp, II United States Magistrate Judge, Case: 3:14-cv-02610-JRK Doc #: 13 Filed: 06/24/16 3 of 3. PageID #: 105

 

As far as the costs and impacts on the site and who paid them; In civil law when something gets decided as a summary judgment it never goes to open court. Existing cases have basically already decided the case, it is ruled on by a judge. This prevents the cost and time expenditures required for a trial. It also means the defendant is usually out less money.

In order to get those costs back I would have to counter sue. Basically I have the choice of spending a large additional amount of the site budget upfront on a counter suit with the chance that I can recover a few thousand dollars. Or I can simply walk away with my judgement and eat my costs while he eats his. The cost to the site was mostly offset by donations, sponsorships and a membership drive. The site attorney was very reasonable and I did a lot of the initial leg work, so this was handled with the least cost possible.

Defending the occasional lawsuit is a cost of doing business, and this has taught me that valuable lesson. eLightbars is now taking a more proactive stance to legal threats. Just because you are on very sound legal ground doesn't mean people won't sue you. Anyone can sue another person or company for any reason they desire any time they desire. A lot of times getting it decided by summary judgement and moving on is the cheapest thing. Other times biting back with a counter suit makes sense and is worth the investment. This specific case was decided by existing case law early in the process by a summary judgement. This action officially began in November 2014. I was dealing with it prior to that out of the courts as well. So, at this time I am considering the costs to the site to date, the site budget moving forward, the chances of recovering damages and what the site stands to gain.

This site is a hub for hundreds of business and thousands of consumers. There are millions of dollars at stake in the market. Conflicts and disputes are bound to arise between members and dealers. I still feel federal law adequately protects me, the operator, from significant liability. Moving forward a larger amount of the site budget has to go to legal review and defense reserves. However, with this specific situation wrapping up, I can again focus on advancing the site. Thanks for the ongoing support and membership.

John Marcson