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.

[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/insuranc...a-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.

[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).

[Gene Palmer]

With a name like Luckey, how can this happen?

[ls7plus]

Originally Posted by Gene Palmer

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.