Just another walk in the park :)

[Leon]

Mr. Leon Luckey
eonl@flash.net
via electronic communication, only

Re: Mr. Frank Prisco/Piedmont Sports

Dear Mr. Lucky:

Please be advised that I represent Mr. Frank Prisco. It has come to my attention that there is an Internet “thread/forum” that disparages my client and/or his business, Piedmont Sports. We demand that you immediately cease and desist having, holding and/or engaging in any Internet, telephonic, written and/or electronic discussions regarding my client. We further demand that you remove all of the “thread” that discusses my client and/.or his business.
This correspondence will serve as your legal notice under the provisions of Pennsylvania and Federal law to cease all communication with any parties in regard to my client. If you fail to heed this notice, I will file a formal Complaint against you.
Your egregious conduct is considered Trade Libel and is actionable and compensable. The publication of a disparaging statement concerning the business of another is actionable where: (1) the statement is false; (2) the publisher either intends the publication to cause pecuniary loss or reasonably should recognize that publication will result in pecuniary loss; (3) pecuniary loss does in fact result; and (4) the publisher either knows that the statement is false or acts in reckless disregard of its truth or falsity. As your counsel would advise, an action for trade libel is calculated to protect against derogatory statements that affect the marketability of a party's goods or services. Surely, these careless, false, slanderous postings have done exactly that.



Page -2-
August 25, 2011


I trust that these actions will cease. If you should have any questions and/or concerns please do not hesitate to contact me. Give this very important matter the attention it deserves.

Very Truly Yours




______________________________
Stephanie J. Brown, Esquire

SJB/sb
cc: Mr. Frank J. Prisco

[carrigansghost]

Glad I walk in the woods.

Rawn

[barrysloate]

When I read letters like that I get a migraine.

[vintagetoppsguy]

Props to Leon for standing up to this guy and not deleting the thread like other message boards do.

[richieb315]

Props for keeping the thread up.

[DJR]

.

[Anthony S.]

Generic non-committal response that could possibly be construed as tentative support in order to avoid receiving scary letters from Esquires.

- Anthony S. Doe

[Exhibitman]

Dear Ms. Brown:

Might I suggest that you crack open a law book before threatening people. Section 230 of the Communications Decency Act of 1996 [Title V of the Telecommunications Act of 1996, 47 U.S.C. § 230(c)(1)] provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by others: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." In Carafano v. Metrosplash.com, 339 F.3d 1119 (9th Cir. 2003), the court upheld immunity for an Internet dating service provider from liability stemming from third party's submission of false profile. In Batzel v. Smith, 333 F.3d 1018 (9th Cir. 2003) immunity was upheld for a website operator for distributing an email to a listserv where the plaintiff claimed the email was defamatory.

Oh, wait! I got a better idea. How about I send you a hobo's d**k cheese? Then, you sue. Do your thing, file your case. Go to town, man. Go to town! In the meantime and as usual, go **** yourself.

http://photos.imageevent.com/exhibitman/dropins/websize/les-grossman.jpg

[bcornell]

Leon, others of us have also found your behavior to be egregious, careless, false, slanderous, reckless, and derogatory. She seems to have omitted "evil" just to keep it brief.

Who, exactly, hears a "formal Complaint" nowadays? I have several just waiting to be heard.


Bill

[terjung]

note to self (again)... don't get on Warshaw's bad side.

He knows ... things.

[usernamealreadytaken]

Failure to state a claim for which relief can be granted. FRCP 12(b)(6).

[slidekellyslide]

Frank Prisco

http://www.ripoffreport.com/insurance-companies/insurance-quotes-of/insurance-quotes-of-america-iq-cfafa.htm

[White Borders]

Net54baseball.com Forums Statistics

Active Members: 44,052

... 44,000 of which are attorneys.

Me thinks Leon can obtain plenty of legal support if necessary.

Best Regards

[rainier2004]

Are you guys all really attorneys? No, seriously is this most board mostly for lawyers? Is that where you guys get your $$$ for all the t3's, e107's and others? By the way, good for you Leon.

[ruth-gehrig]

Way to go....let er go in one ear and out the other!:D

[Tim Kindler]

I'm not a lawyer, but I did sleep at a Holiday Inn Express last night:D

[mdschulze]

Words of wisdom for EVERYONE: Before someone blames anybody else for pecuniary loss, they should first evaluate their losses based on their own actions.

Disclaimer: the above statement is intended for the general public and not for anyone specifically. I also do not view the act of hiding behind an attorney to be coward-like... instead, I see it as a typical and modern way of life in America (for some). ;)

[White Borders]

... seriously is this most board mostly for lawyers? ...

Steven-

Seriously, this board is for anyone who has an interest in vintage baseball cards. It doesn't matter if you can only afford beater common T206's or if you have the means to purchase a PSA 8 "Just So" Young. As long as you learn from what's posted, post some things so that others can learn, and the hobby brings you enjoyment, that's all that really matters.

Best Regards and Happy Collecting,
Craig

[Doug]

I'm not a lawyer, but I did sleep at a Holiday Inn Express last night:D

That's what I was going to say! I'm suing!! :D

[mdschulze]

Doug, your earlier post is slanderous.... erase it or I'll sue you on behalf of Kindler!:D

[tiger8mush]

It doesn't matter if you can only afford beater common T206's or if you have the means to purchase a PSA 8 "Just So" Young.

Whilst in the time you took to mock us, we have crossed off 3 and a half rare priceless items from America's Toughest Wantlist. Mock us again, Archive, and you will hear from our lawyer. Henceforth.

[vintagetoppsguy]

Whilst in the time you took to mock us, we have crossed off 3 and a half rare priceless items from America's Toughest Wantlist. Mock us again, Archive, and you will hear from our lawyer. Henceforth.

Funny stuff, Rob :D

I miss Bruce. I never got involved in any of his theads, but they sure were funny to read.

[nsaddict]

http://www.network54.com/Forum/526604/message/1301436930/Do+I+have+any+recourse-

edited to add last name: Richard Lapointe

[Brendan]

Funny stuff, Rob :D

I miss Bruce. I never got involved in any of his theads, but they sure were funny to read.

I agree. It's boring here without the board idiots.

[Gene Palmer]

With a name like Luckey, how can this happen? ;)

[ls7plus]

With a name like Luckey, how can this happen? ;)

I've got a cat named "Lucky," and he's never been sued or even received a threatening letter!

Nice going, by the way, Adam!

Best regards,

Larry

[Matt]

hmmm....it is better to be SMART than Luckey.

[Doug]

Doug, your earlier post is slanderous.... erase it or I'll sue you on behalf of Kindler!:D

That might just draw the attention of Holiday Inn and they will end up suing me and him for catchphrase infringement! :eek:

[mrvster]

We are all behind you Leon;)

[Bugsy]

Could be worse Leon. At least Frank didn't hire Roland :)

http://www.youtube.com/watch?v=pHips3P1vIw

Chris

[AndyG09]

Sorry you have to deal with this kind of garbage, Leon. Hope everything is great with you besides matters of scum like this one.

Best,

Andy

[three25hits]

I've been saying for years that this board is too telephonic

[slidekellyslide]

http://www.network54.com/Forum/526604/message/1301436930/Do+I+have+any+recourse-

edited to add last name: Richard Lapointe

It's just getting worse for Frank...all he had to do is tell people where he got the Matty and Ruth sigs, why he bought them in bulk, and why he used ACE to authenticate them...He's just buried himself by involving his lawyer.

[E93]

I missed the disparaging thread. Can someone post a link so I can read it now.
Thanks,
JimB

[WhenItWasAHobby]

I knew that name rung a bell from somewhere:

Perhaps Greg (BOTN) can shed some light on this thread:

http://forums.collectors.com/arcmessageview.cfm?catid=11&threadid=156555&highlight_key=y&keyword1=prisco&keyword2=piedmont%20sports


Fascinating professional move here:

http://forums.collectors.com/arcmessageview.cfm?catid=11&threadid=89353&highlight_key=y&keyword1=prisco&keyword2=piedmont%20sports


You have to give him some credit, look what he said about GAI:

http://forums.collectors.com/arcmessageview.cfm?catid=11&threadid=83823&highlight_key=y&keyword1=prisco&keyword2=piedmont%20sports



On another note, attorneys who use the word "slanderous" in reference to message board postings as observed in the opening post never seem to impress me that much.

[Leon]

I missed the disparaging thread. Can someone post a link so I can read it now.
Thanks,
JimB

Hi Jim
Part of the beauty of this Cease and Desist I was sent is it is going after the wrong person. That lawyer should know I am not responsible for what others say on this board. The thread is on the memorabilia side ..

http://www.net54baseball.com/showthread.php?p=920332#post920332

[Big Ben]

Leon, most everyone on this board knows that you are a quality guy. Even the people who have not met you. Keep up the good work on this board. It is greatly appreciated!:)

[detroiter]

What a good lawyer does who cannot remember the difference between slander and libel is use the word "defamatory."

[Rickyy]

I think I'll sell my Billy Ripken F**K Face card and use the proceeds for Leon's defense fund....wait...come to think of it...maybe I'll send it to the other party for their defense fund...

Ricky Y