• https://medforth.org/schuler-wollen-selfies-mit-alice-weidel-lehrerin-verbietet-es/
    https://medforth.org/schuler-wollen-selfies-mit-alice-weidel-lehrerin-verbietet-es/
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  • Falsely Claiming to Be an Insurer Can be Criminal

    To Sue for Business Disparagement Evidence is Required

    Post 4951, Posted on December 17, 2024 by Barry Zalma

    Read the full article at https://www.linkedin.com/pulse/falsely-claiming-insurer-can-criminal-barry-zalma-esq-cfe-3bwrc, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts.

    See the full video at and at

    Plaintiff Route App, Inc.’s (“Route”) moved the USDC to Dismiss two counterclaims asserted by OrderProtection.com, Inc. (“OrderProtection”). In Route App, Inc. v. Orderprotection.Com, Inc.; Julian Wilson, et al, No. 2:23cv606 DAK, United States District Court, D. Utah (December 9, 2024) found no evidence supporting a claim of business disparagement or business defamation.

    BACKGROUND

    This case involves a dispute between Route, a post-purchase shipping insurance provider, and a competitor, OrderProtection. In its Complaint, Route alleges that OrderProtection and several of Route’s former employees misappropriated trade secrets to create a competing business. In response to Route’s Complaint, OrderProtection filed an Answer and Counterclaims, asserting four causes of action: (1) Unfair Competition in Violation of the Lanham Act; (2) Defamation Per Se/Defamation/Business Disparagement; (3) Tortious Interference with Existing and Prospective Economic Relations; and (4) Negligent Misrepresentation.

    The facts pertaining to OrderProtection’s claim for “Defamation/Defamation Per Se/Business Disparagement” are essentially that Route employees have allegedly told OrderProtection customers and potential customers that they should work with Route instead of OrderProtection because Route is a “legal insurance provider” and OrderProtection is not.

    OrderProtection argued that Route is not a licensed insurance company and that, at best, Route affiliates with an insurance producer to procure its own insurance coverage (which does not benefit customers or merchants). More importantly both Route and OrderProtection in essence both self-fund the warranty protection they provide, and thus a customer is no better off with Route’s protection package than with OrderProtection’s competitive offering.
    DISCUSSION

    Specifically, while OrderProtection’s Opposition Memorandum does not explicitly state that it conceded its defamation and defamation per se claims, OrderProtection never addresses Route’s argument that it could not properly maintain these causes of action in the context of this case.

    Even if OrderProtection had not conceded these claims, it failed to establish that these claims are viable in the context of this case. Further, OrderProtection made no argument that Utah law recognizes a “hybrid” cause of action for “Defamation Per Se/Defamation/Business Disparagement,” wherein a business disparagement claim may be analyzed using defamation or defamation per se case law rather than case law pertaining to a business disparagement claim.

    Business Disparagement

    The parties agree that to state a claim for business disparagement (sometimes called injurious falsehood), OrderProtection must allege (1) falsity of the statement made; (2) malice by the party making the statement; and (3) special damages. According to Route, while OrderProtection has made allegations of lost customers, it has not named specific individuals, nor has it alleged with particularity any financial losses, which is required under Rule 9(b) of the Federal Rules of Civil Procedure.

    The court declined to recognize a “business disparagement per se” cause of action in which special damages need not be alleged, and it declined to recognize a business disparagement claim that relies on a statement that is “false by implication,” which is a concept that has been recognized in defamation cases.

    Route’s Motion to Dismiss was granted and OrderProtection’s claims for defamation and defamation per se were dismissed with prejudice. Its claim for business disparagement was dismissed without prejudice, and OrderProtection may file a Motion for Leave to Amend by January 10, 2025, if it is able to allege a proper business disparagement claim, as discussed above.

    ZALMA OPINION

    Two businesses claiming to be issuers of insurance who were not licensed insurers claimed to be victims of disparagement by the other. Customers, because of the various claims shifted from one party to the other who, contrary to their claims, were self funding what they alleged was insurance of shipments of goods. The court in a Solomon-like decision ignored the fact that both claimed to be insurers when they were not and used the false claims to take over clients. Both lost and the court gave OrderProtection the attempt to state a business disparagement claim implying that the court did not believe OrderProtection would be able to plead a viable cause of action.

    The State of Utah Department of Insurance should consider this case.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Falsely Claiming to Be an Insurer Can be Criminal To Sue for Business Disparagement Evidence is Required Post 4951, Posted on December 17, 2024 by Barry Zalma Read the full article at https://www.linkedin.com/pulse/falsely-claiming-insurer-can-criminal-barry-zalma-esq-cfe-3bwrc, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. See the full video at and at Plaintiff Route App, Inc.’s (“Route”) moved the USDC to Dismiss two counterclaims asserted by OrderProtection.com, Inc. (“OrderProtection”). In Route App, Inc. v. Orderprotection.Com, Inc.; Julian Wilson, et al, No. 2:23cv606 DAK, United States District Court, D. Utah (December 9, 2024) found no evidence supporting a claim of business disparagement or business defamation. BACKGROUND This case involves a dispute between Route, a post-purchase shipping insurance provider, and a competitor, OrderProtection. In its Complaint, Route alleges that OrderProtection and several of Route’s former employees misappropriated trade secrets to create a competing business. In response to Route’s Complaint, OrderProtection filed an Answer and Counterclaims, asserting four causes of action: (1) Unfair Competition in Violation of the Lanham Act; (2) Defamation Per Se/Defamation/Business Disparagement; (3) Tortious Interference with Existing and Prospective Economic Relations; and (4) Negligent Misrepresentation. The facts pertaining to OrderProtection’s claim for “Defamation/Defamation Per Se/Business Disparagement” are essentially that Route employees have allegedly told OrderProtection customers and potential customers that they should work with Route instead of OrderProtection because Route is a “legal insurance provider” and OrderProtection is not. OrderProtection argued that Route is not a licensed insurance company and that, at best, Route affiliates with an insurance producer to procure its own insurance coverage (which does not benefit customers or merchants). More importantly both Route and OrderProtection in essence both self-fund the warranty protection they provide, and thus a customer is no better off with Route’s protection package than with OrderProtection’s competitive offering. DISCUSSION Specifically, while OrderProtection’s Opposition Memorandum does not explicitly state that it conceded its defamation and defamation per se claims, OrderProtection never addresses Route’s argument that it could not properly maintain these causes of action in the context of this case. Even if OrderProtection had not conceded these claims, it failed to establish that these claims are viable in the context of this case. Further, OrderProtection made no argument that Utah law recognizes a “hybrid” cause of action for “Defamation Per Se/Defamation/Business Disparagement,” wherein a business disparagement claim may be analyzed using defamation or defamation per se case law rather than case law pertaining to a business disparagement claim. Business Disparagement The parties agree that to state a claim for business disparagement (sometimes called injurious falsehood), OrderProtection must allege (1) falsity of the statement made; (2) malice by the party making the statement; and (3) special damages. According to Route, while OrderProtection has made allegations of lost customers, it has not named specific individuals, nor has it alleged with particularity any financial losses, which is required under Rule 9(b) of the Federal Rules of Civil Procedure. The court declined to recognize a “business disparagement per se” cause of action in which special damages need not be alleged, and it declined to recognize a business disparagement claim that relies on a statement that is “false by implication,” which is a concept that has been recognized in defamation cases. Route’s Motion to Dismiss was granted and OrderProtection’s claims for defamation and defamation per se were dismissed with prejudice. Its claim for business disparagement was dismissed without prejudice, and OrderProtection may file a Motion for Leave to Amend by January 10, 2025, if it is able to allege a proper business disparagement claim, as discussed above. ZALMA OPINION Two businesses claiming to be issuers of insurance who were not licensed insurers claimed to be victims of disparagement by the other. Customers, because of the various claims shifted from one party to the other who, contrary to their claims, were self funding what they alleged was insurance of shipments of goods. The court in a Solomon-like decision ignored the fact that both claimed to be insurers when they were not and used the false claims to take over clients. Both lost and the court gave OrderProtection the attempt to state a business disparagement claim implying that the court did not believe OrderProtection would be able to plead a viable cause of action. The State of Utah Department of Insurance should consider this case. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    WWW.LINKEDIN.COM
    Discover thousands of collaborative articles on 2500+ skills
    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
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  • https://medforth.org/jetzt-offiziell-afd-bundesvorstand-nominiert-alice-weidel-als-kanzlerkandidatin/
    https://medforth.org/jetzt-offiziell-afd-bundesvorstand-nominiert-alice-weidel-als-kanzlerkandidatin/
    0 Comments 0 Shares 131 Views
  • Hypnotized by Subliminal Messaging & More: Unraveling the TDS (Trump Derangement Syndrome) Phenomenon
    https://reinettesenumsfoghornexpress.substack.com/p/hypnotized-by-subliminal-messaging

    I'm going to take you down a rabbit hole, similar to how your parents did when they read you Alice's Wonderland as a child.

    Remember when you thought the most sinister thing about your favorite childhood TV show was that annoying earworm of a neverending theme song?

    Those were the good ol' days.

    In 2017, I remember a Samsung website called "Unspoil Me,” claiming it could erase your memories of your favorite TV shows as a child, kid-you-not. This would have been one of my favorite two shows, The Bionic Woman or The Carol Burnett Show (it's true, I wanted to grow up and become a Bionic Carol Burnett). This website promised to give me the “opportunity” to, once again, experience my favorite show as a child, but with a fresh set of eyes.

    That's correct. Once I checked off a box claiming I was over 18, this website took me through a series of prompts, asking me to recall specific childhood television shows. It then guided me through a multi-minute process of hypnosis, supposedly to erase all my memories of my beloved Jaime Sommers and Carol Burnett.

    I did as prompted and watched a swirling circle on the screen as a calm voice began giving me instructions to hypnotize me.

    Seriously. This is for real.
    Hypnotized by Subliminal Messaging & More: Unraveling the TDS (Trump Derangement Syndrome) Phenomenon https://reinettesenumsfoghornexpress.substack.com/p/hypnotized-by-subliminal-messaging I'm going to take you down a rabbit hole, similar to how your parents did when they read you Alice's Wonderland as a child. Remember when you thought the most sinister thing about your favorite childhood TV show was that annoying earworm of a neverending theme song? Those were the good ol' days. In 2017, I remember a Samsung website called "Unspoil Me,” claiming it could erase your memories of your favorite TV shows as a child, kid-you-not. This would have been one of my favorite two shows, The Bionic Woman or The Carol Burnett Show (it's true, I wanted to grow up and become a Bionic Carol Burnett). This website promised to give me the “opportunity” to, once again, experience my favorite show as a child, but with a fresh set of eyes. That's correct. Once I checked off a box claiming I was over 18, this website took me through a series of prompts, asking me to recall specific childhood television shows. It then guided me through a multi-minute process of hypnosis, supposedly to erase all my memories of my beloved Jaime Sommers and Carol Burnett. I did as prompted and watched a swirling circle on the screen as a calm voice began giving me instructions to hypnotize me. Seriously. This is for real.
    REINETTESENUMSFOGHORNEXPRESS.SUBSTACK.COM
    Hypnotized by Subliminal Messaging & More: Unraveling the TDS (Trump Derangement Syndrome) Phenomenon
    Examining the unseen forces driving our emotional responses following the 2024 U.S. elections.
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  • https://medforth.org/die-afd-wird-mit-alice-weidel-die-siegerin-der-bundestagswahl/
    https://medforth.org/die-afd-wird-mit-alice-weidel-die-siegerin-der-bundestagswahl/
    0 Comments 0 Shares 279 Views
  • https://thewashingtonstandard.com/spiritual-education-who-is-alice-bailey-and-how-did-we-get-here/
    https://thewashingtonstandard.com/spiritual-education-who-is-alice-bailey-and-how-did-we-get-here/
    THEWASHINGTONSTANDARD.COM
    Spiritual Education: Who is Alice Bailey and How Did We Get Here? - The Washington Standard
    Did you know that your children’s “education” in public schools is spiritual? No, it’s not a good kind of spiritual at all. Are you familiar with a woman named Alice Bailey and her contribution to modern “education” in the united States? Well, read on as you are about to be ...
    0 Comments 0 Shares 431 Views
  • Excellent Read from 2021 - Many Links https://margaretannaalice.substack.com/p/dr-mengelfauci-pinocchio-puppeteer
    Excellent Read from 2021 - Many Links https://margaretannaalice.substack.com/p/dr-mengelfauci-pinocchio-puppeteer
    MARGARETANNAALICE.SUBSTACK.COM
    Dr. Mengelfauci: Pinocchio, Puppeteer, or Both?
    “A little patience, and we shall see the reign of witches pass over, their spells dissolved, and the people recovering their true sight, restoring their government to its true principles. It is true, that in the meantime, we are suffering deeply in spirit, and incurring the horrors of a war, and long oppressions of enormous public debt.”
    0 Comments 0 Shares 616 Views
  • ‘Fully Vaxxed’ CNN Correspondent Alice Stewart, 58, Dies Suddenly https://www.infowars.com/posts/fully-vaxxed-cnn-correspondent-alice-stewart-58-dies-suddenly/
    ‘Fully Vaxxed’ CNN Correspondent Alice Stewart, 58, Dies Suddenly https://www.infowars.com/posts/fully-vaxxed-cnn-correspondent-alice-stewart-58-dies-suddenly/
    WWW.INFOWARS.COM
    ‘Fully Vaxxed’ CNN Correspondent Alice Stewart, 58, Dies Suddenly
    Police say Stewart suffered 'medical emergency' after body found outside near her home.
    Like
    Sad
    2
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  • BREAKING: CNN Alice Stewart died Suddenly.
    She was found outdoors early this morning..
    I’m sure it has nothing to do with that tweet...
    BREAKING: CNN Alice Stewart died Suddenly. She was found outdoors early this morning.. I’m sure it has nothing to do with that tweet...
    0 Comments 0 Shares 692 Views
  • https://margaretannaalice.substack.com/p/lament-of-the-vaxx-injured?utm_source=post-email-title&publication_id=347114&post_id=143406014&utm_campaign=email-post-title&isFreemail=true&r=1pcadm&triedRedirect=true&utm_medium=email
    https://margaretannaalice.substack.com/p/lament-of-the-vaxx-injured?utm_source=post-email-title&publication_id=347114&post_id=143406014&utm_campaign=email-post-title&isFreemail=true&r=1pcadm&triedRedirect=true&utm_medium=email
    MARGARETANNAALICE.SUBSTACK.COM
    Lament of the Vaxx-Injured
    Inspired by Cody and his mother, Heather Hudson, this poem is dedicated to them as well as Brianne Dressen and React19; Real Not Rare; and all the innocents injured, killed, and bereaved by the “safe and effective” injection.
    0 Comments 0 Shares 564 Views
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