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

THIS IS WHAT I FOUND and they do not want you to know!!! I do NOT know how to reach people who have not yet awakened to the FACT that the "Health Care Industry" was created to MAKE YOU SICK! EVERY organization associated to "Medical Research" like the "American Cancer Society" and the "American Diabetes Assoc." were created for the purpose of creating #Propaganda that is detrimental to YOUR HEALTH! And they have never "cured" ANYTHING! I don't quite know how to reach people that still think "Big Pharma" cares about ANYTHING but keeping them SICK until the day they die! https://www.youtube.com/watch?v=qTB4d2N_JFc

CORRUPT JUDGES & WEAPONIZED LEGAL SYSTEM MUST END NOW! Special Guest: Michael Pendleton, Esq. Despite the FACT that our entire "government" is an illegitimate #Corporation, operating #Fraudulently under "Maritime Admiralty Law," it's hard to get most people to realize this FACT! If you choose to continue under this corrupt system then you must know.... The "Grand Jury" belongs to the AMERICAN PEOPLE - NOT "government" The AMERICAN PEOPLE have every right to enforce the law, even against government #Criminals! LET ME SAY THAT AGAIN..... THE GRAND JURY BELONGS TO THE AMERICAN PEOPLE!!! As does our corporate "Law Enforcement" (Technically) If a grand jury of the AMERICAN PEOPLE hand down a conviction of some government #Criminal, it is the DUTY of every law enforcement agent in the United States to see that the convicted party is both ARRESTED and then put in PRISON! And ANY LEO who fails to do his sworn duty (TO THE PEOPLE, NOT the Corporation) he needs to be FIRED first of all.... And then PROSECUTED and sent to prison himself! Because what we currently have is a standing "Foreign ARMY" on US Soil", and just because they claim themselves to be "Police" and "Sheriffs" it does NOT change this FACT! They are currently serving at the pleasure of CRIMINALS, and not the American People, as their oath REQUIRES them to do The real issue in this country is #Corrupt #LawEnforcement who do not do not uphold their #Oath of office AND view the American People as their ENEMY, instead of AS THEIR BOSSES, The way it truly is! Of course some prison time can be handed to THEM as well! And this would be cured real friggin quick! And as far as "Lifetime appointments" of #Judges goes... THEY SERVE AT THE PLEASURE OF THE PEOPLE AS WELL! The American PEOPLE are the bosses here folks! NO LAW or any "tradition" or "Constitution" or "Legal System" can change that FACT! If THE PEOPLE want these MF's removed, then THEY ARE GONE! THE PEOPLE are the deciding vote in ANY SITUATION! And it is high time that we reclaim our position as the FINAL DECISION MAKERS! (In ANY decision) THE PEOPLE have "Veto Power" over ANY "government" law or decision! After all, these people (supposedly) work for US! Just like government secrecy, and their constant, criminal, claim of "National Security" where they refuse to show THE PEOPLE (Their BOSSES) what they are doing! It does NOT work that way folks! EMPLOYEES are not allowed to keep secrets about their activities from THE PEOPLE who employee them! I mean they can TRY..... But the corrective action for this is to FIRE THEM IMMEDIATELY every time they try it! Living under TYRANT SCUM who operates in secrecy, and IN YOUR NAME is unacceptable!!! The problem is really YOU! Your lack of holding these scumbags accountable has led us here! And it's time to take corrective action on that front RIGHT NOW! Your supposed "government" employees JUST TRIED TO MURDER YOU! I would have to say that it's time to re-evaluate their employment, as well as their ability to continue sucking wind! Every last one responsible for this attempt, at the very least, should die in prison! The "government" has grown this corrupt and #Evil because YOU allowed them to! It's 110% OUR FAULT! Now is the time to ADMIT OUR FAILURE, and take immediate corrective actions "Begging our own EMPLOYEES to uphold the law and to be accountable" to the PEOPLE who EMPLOYEE THEM is unacceptable! YOU are the BOSS! It is time that "government" is let in on that little secret! https://youtu.be/-NKBWfyX3Qk

for quiet environment" for free elections , what I am saying is 6 months transition period to be establish and I am calling the pentagon to never west time to be involve In this Syria issue ,immediately Pentagon should dive in to Syria issues now to secure a significant process For a do government in Syria, failure to do so if AI-Qaeda start this war with Israel, America will be involve by force and it will be too late

Can a Teaspoon of THIS Cure Sleep Apnea? https://www.youtube.com/watch?v=3Oue0zP3S9Q&list=TLPQMDQxMjIwMjSIqvVNxuXAtw&index=27

Methylene Blue: The Natural Cancer Cure You Haven't Heard Of I've heard bits and pieces about methylene blue over the past several months and remained a skeptic. However, after listening to Dr. Eric Berg on this subject, it changed my perception because I highly value his expertise and opinions.

Methylene Blue: The Natural Cancer Cure You Haven't Heard Of I've heard bits and pieces about methylene blue over the past several months and remained a skeptic. However, after listening to Dr. Eric Berg on this subject, it changed my perception because I highly value his expertise and opinions.

SIGNS AND WONDERS - IS ELON MUSK THE FALSE PROPHET PART 3 Elon's mom is #IlluminatiBitch witch! Elon CLAIMS to cure the blind.... Yahushua actually does! https://old.bitchute.com/video/GFC53tYZw5sN/

Hunter’s pardon is 1000% about covering up Deep State criminality in Ukraine. Hunter was the Deep State proxy that helped secure and wash funding for Deep State racketeering in Ukraine, including the biolab network, starting in 2014. EVERYTHING leads back to Ukraine.