Announcement Jared Ross v. eLightbars

Discussion in 'About eLightbars®' started by JohnMarcson, Jun 24, 2016.

  1. JohnMarcson

    JohnMarcson Site Founder Administrator

    Admin Post
    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


    "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.

    ----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

    Attached Files: Download all post attachments

    Last edited: Jun 24, 2016
  2. Pete L.

    Pete L. Silver Level Member

    I remember reading about this stuff from awhile back.
    I'm so glad that we can move on.
    This is such a great site that shouldn't have to deal with this kind of stuff.
    I'm sure you lost a few night's sleep over this, John :(

    Grotonems5 likes this.
  3. Grotonems5

    Grotonems5 Super Trooper Meow Silver Level Member

    Thank you John. For all of your time, effort, and ongoing support for this site.
    bmd224 likes this.
  4. cajunblitz

    cajunblitz Site Regular

    I hope Mr. Ross had to foot the court costs and your attorney's fees for this ridiculous lawsuit John.
  5. daniel_medic

    daniel_medic Registered Member

    Good work John. Glad this is settled.
  6. JohnMarcson

    JohnMarcson Site Founder Administrator

    Admin Post
    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
    Last edited: Jun 25, 2016
  7. dmathieu

    dmathieu Premium Member

    Thank you for all of your effort John. I know we all enjoy this site.
    hpd03, Abacus, bmd224 and 1 other person like this.
  8. acklover

    acklover Avid Collector Gold Level Member

    Thanks, John! I'm not a lawyer, but maybe this can be used as a precedent in defense of other frivolous suits that may come your way.
  9. chief1562

    chief1562 Silver Level Member

    Great work John,
    Lets hope that this shows others that suing somebody or an organization over even small things does not always come out the way they want.
    With this sue happy country now even a hang nail is grounds to sue.
    Proud to be a member of ELB.
    acklover likes this.

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