Wednesday, March 13, 2013

Attorney for PublishAmerica LLP, WILLEM MEINERS and LARRY CLOPPER makes daring and dangerous move

In our recent post regarding the latest attempt to certify a class action lawsuit against Maryland publisher, PublishAmerica LLLP, Willem Meiners and Larry Clopper, the case Waternan Vs. PublishAmerica LLLP, Willem Meiners and Larry Clopper is getting interesting. The plaintiffs have now filed an amended petition and the counsel for the defendants has made what can only be described as a daring and dangerous move. Victor Cretella has filed a motion to dismiss. He is pointing out to the judge that because this wasn't a certified class-action then two of the plaintiffs must be dismissed out of this action because each claimant has different facts that would require each claimant to file their own separate action. The problem in doing this, is that should he lose this motion, then all clients are in this lawsuit and cannot be dismissed down the road. Most attorneys, would require a great deal of discovery before attempting to dismiss like this. The plaintiffs allegations are based upon fact or alleged facts. The plaintiffs in this action have plead allegations that only a trier of fact can determine. In this case this attorney for the defendants is asking for a dismissal based upon facts that are yet unknown or yet unproven. Motion to Dismiss Amended Complaint and for Summary Judgment and to Drop Plaintiffs Filed by DEF003-Clopper, DEF002-Meiners, DEF001-PublishAmerica LLLP We bet that the defendants will lose this motion. They certainly cannot win this.

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