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

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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.

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Republican Party of Texas officially welcomes Judge Tano Tijerina after he switched his party affiliation

5 Troy Anderson
Yet accession 66 OVR amateur on the list! Anderson was a second-round aces for the Falcons in 2022 and is aloof cat-and-mouse for gamers to aces him, and he will actualization his prowess. His 6’4’ anatomy and solid authentic ancestry achieve him the go-to apostle for any scheme.

He has an activity of 87, dispatch of 92, and 85 change of direction, all at the top position or advancing the top position on the MLB position board. Akin if he may not be abundant of a Blitzer, gamers can calmly ascendancy him during advantage or aback breaking up the passes over the boilerplate of the field.

4 Nolan Smith
Nolan Smith adeptness be a rookie, but afterwards falling to the end of the aboriginal annular in the abstract in 2022, he is added acquirable than abounding bodies think. He is a brilliant in the making, with a 95 jumping, 81 change of direction, and 93 speed, which acme all LOLB. Akin if he is not a ascendant canyon rusher immediately, his 71 acumen moves are a top-building block. With this speed, you will absolutely get some user sacks about the bend as you accommodate accession to bead into coverage.

3 De’Von Achane
Another speedster with 91 agility, 94 acceleration, and 95 speed! De’Von Achane is amid the top bristles halfbacks in Miami, proving he is not aloof any player. His OVR of 76 is about high, abnormally aback he is a third-round rookie.

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In accession to his physicals, he has a 92 carrying, which is absorbing for a rookie, and 65 catches, which makes him aloof acceptable abundant to achieve plays in the adventitious game. However, gamers should burden from allurement him to do too abundant blocking, as his 45 canyon is not so exemplary.

2 Myles Garrett
A affiliate of the 99 club who wreaks calamity off the edge, Myles Gyaret is a accelerated bend rusher who gamers can use as a backfield disruptor. By abacus him to defense, gamers can about be abiding to be offered a 2023 first-rounder.

To achieve the best out of the player, gamers should add him to a aegis in the advanced seven with little to no assault adeptness and speed. Also, he may be a acceptable advantage if a gamer controls a low-rated aggregation like Detroit, Jacksonville, or New York.

1 Aaron Donald
Experts accede Aaron Donald the best autogenous arresting lineman to anytime comedy in Madden NFL 25, and it is accessible to see why. He maintained his run of 99 Club inclusions in 23 and may not bead these ethics until his retirement. To admission Donald from the division, gamers should activity Jimmy Garappolo, who has an OVR of 70.

His acceptability and achievement are not commodity to overlook. He has All-Pro selections and nine Pro Bowl nods to his name. These, calm with his three Arresting Amateur of the Year Awards, Super Bowl LVI ring, and a Arresting Amateur of the Year honor, achieve him a amateur to ache for. He is the abandoned 99 all-embracing arresting lineman in Madden 25, arch a accumulation that includes ascendant Arresting Amateur of the Year Nick Bosa.

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UNCANCELABLE MEETS GREGORY REESE

I like Greg Reese!
He has more sense than most and eyes that see!

I don't hold his affiliation with Alex Jones against him!
Even Alex had his useful moments!

Of course his views on the bible are misinformed...
Like claiming that YHWH is "genocidal"

A little knowledge is far more dangerous than NO KNOWLEDGE!

In this day and age, if you don't know WHY YHWH told his people to
"Wipe them ALL out, the women, children, animals etc...." then you don't know your ass from a hole in the ground!

Mankind (YHWH's Creation) had it's #DNA altered, just like is happening TODAY, with Nephilim DNA! WHY did He say to "kill them all?"

Well dummy.... TO SAVE HIS CREATION! To save mankind!
Because the Nephilim hybrids were eating us and wiping us out!

It's a shame to see people misinformed
But it is what it is!

Am I "sitting around waiting on the end of the world" so that Jesus comes back? NO, I'm not.... I'll fight until my last breathe, like my Father made me to do!

Do I believe the bible and the truth within? ABSOLUTELY!
It has been proven right more times than ANY MAN has!

The Most High has changed my life completely, so if YOU want to doubt the word, be my guest....

But don't ask me to join you! I KNOW BETTER!
Stew sure was quiet for a bible believing Christian!

I don't think I could have held my tongue like that!

https://old.bitchute.com/video/0RRFbiO8ywXM/

B.C. Premier Eby’s $20K grant to advisor’s group sparks new concerns over Chinese influence! “In my journalistic assessment, assisted by Mandarin OSINT specialists, there evidently has been significant CCP-affiliated Election Interference in support of Premier David Eby” stated investigative journalist Sam Cooper.
#NoMoreLiberalsAndNDP
#SayingTheQuietPartOutLoud
#resigntrudeau
#JustSayNoMore
https://www.rebelnews.com/b_c_premier_eby_s_20k_grant_to_advisor_s_group_sparks_new_concerns_over_chinese_influence

**Coup: Harris Adviser Calls On Joe Biden to Resign And Make Kamala President Before Trump Sworn In**
**"This is more than just a political stunt. It’s part of the Deep State's larger plan to launch a coup against the incoming Trump presidency while he is still President-elect," says Alex Jones**.
**A former advisor to Kamala Harris called on Joe Biden to step down and allow Kamala to be president until Donald Trump is sworn in on January 20, 2025**
**VP Harris’s former communications director Jamal** **Simmons made the bizarre suggestion on CNN’s “State of the Union” Sunday**
**Joe Biden has been a phenomenal president. He’s lived up to so many of the** **promises he’s made. There’s one promise left that he could fulfill: being a transitional** **figure. He could resign the presidency in the next 30 days,** **make Kamala Harris the President of the United States,” Simmons said**






[by Jamie White][]November 10th, 2024 6:41 PM
https://www.infowars.com/posts/coup-harris-adviser-calls-on-joe-biden-to-resign-and-make-kamala-president-before-trump-sworn-in


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The History of Kamala Harris
by Geoffrey B. Higginbotham
Major General, USMC (Ret.)
For your knowledge and interest about the Biden Vice President, Kamala Harris:
 Here is a timely editorial that exposes the hidden background of Kamala Harris from the Combat Veterans for Congress Political Action Committee that is posted here with permission of the author. CVFC PAC supports the election of US military combat veterans to the US Senate and House of Representatives. The editorial begins:
 Kamala Harris' father was an avowed Marxist professor in the Economics Department at Stanford University in Palo Alto, CA. Both of Harris' parents were active in the Berkeley based African-American Association; Fidel Castro and Che Guevara were the heroes of the African-American Association.
The group's leader, Donald Warden (aka Khalid al-Mansour), mentored two young American Association members, Huey Newton and Bobby Seale; they created the Maoist inspired Black Panther Party which gained strong support from Communist China; the Black Panther Party served as the model for creation of the Black Lives Matter Marxist organization Khalid al-Mansour subsequently went on to arrange financing and facilitated for Barack Hussein Obama to be accepted as a student to matriculate at Harvard Law School.
Following her graduation from college, Harris returned to California and subsequently became the mistress of the 60-year-old married Speaker of the California Assembly, Willie Brown, Jr. Brown's political campaigns were supported and funded by Dr. Carlton Goodlett, the owner of The Sun Reporter and several other pro-Communist newspapers.
Brown was elected as Mayor of San Francisco, and strongly endorsed Harris' Marxist political philosophy; he guided Harris' political rise in California politics, leading to her election as California's Attorney General. Willie Brown, Jr. was a well-known long-time Communist sympathizer. Willie Brown, Jr. was initially elected to public office with the substantial help of the Communist Party USA.
Today, Willie Brown is widely regarded as one of the Chinese Communist Party's best friends in the San Francisco Bay Area.
While serving as San Francisco District Attorney, Kamala Harris mentored a young San Francisco Radical Maoist activist, Lateefah Simon, who was a member of the STORM Revolutionary Movement; Simon currently chairs the Bay Area Rapid Transit (BART) Board. Simon has always been close friends with the founder of Black Lives Matter Marxist Domestic Terrorists, Alicia Garza, as well as STORM member and avowed Communist, Van Jones. Harris has been openly and aggressively supporting Black Lives Matter Marxists; Kamala Harris is still closely associated with Maoist Lateefah Simon and Marxist Alicia Garza.  
Kamala Harris's sister Maya Harris was a student activist at Stanford University. She was a closely associated with Steve Phillips, one of the leading Marxist-Leninists on campus and a long-time affiliate with the League of Revolutionary Struggle, a pro-Chinese Communist group.
Phillips came out of the Left, and in college he studied Marx, Mao, and Lenin, and maintained close associations with fellow Communists. Phillips married into the multibillion-dollar Sandler family of the Golden West Savings and Loan fortune. He funded many leftist political campaigns, and voter registration drives in the Southern and South Western states in order to help his friend, Barack Hussein Obama, defeat Hillary Clinton. Phillips has been a major financial sponsor for Kamala Harris's political campaigns for various California elective offices plus Cory Booker, Andrew Gillum, Stacey Abrams to name a few.
Harris' husband, Doug Emhoff works for the law firm DLA Piper, which "boasts nearly 30 years of experience in Communist China with over 140 lawyers dedicated to its 'Communist China investment Services' branch. He was just appointed Professor at Yale to school future lawyers in the fine points of Communism.
When she was elected to the US Senate, Kamala Harris appointed a Pro-Communist Senate Chief of Staff, Karine Jean-Pierre. Jean-Pierre was active with the New York-based Haiti Support Network. The organization worked closely with the pro-Communist China/Communist North Korea Workers World Party and supported Jean-Bertrand Aristide, the far-left Communist former president of Haiti and the radical Lavalas movement.
 Fortunately for Harris, but potentially disastrous for the Republic, elected office holders are not subject to the security clearance process. If the FBI did a Background Investigation on Kamala Harris, she never would have passed, because of her 40-year close ties with Marxists, Communists, Maoists, and Communist China. Harris would never have been approved for acceptance to any of the 5 Military Service Academies, been appointed to a US Government Sub-Cabinet position, or would have been approved to fill a sensitive position for a high security defense contractor. Yet, since Joe Biden was elected, Harris could be a heartbeat away from being President.
 The US constitutional Republic is being threatened by the People's Republic of Communist China (PPC) externally, and by their very active espionage operations within the United States. The People's Republic of Communist China (PPC), with 1.4 billion people, is governed by the 90 million member Chinese Communist Party (CCP), that has been working with Russia to destroy the US Constitutional Republic for over 70 years.
 If the American voters read the background information (in Trevor Loudon's article) on Kamala Harris, they would never support her election as Vice President of the United States. Joe Biden is suffering from the early onset of dementia and will continue to decline in cerebral awareness; he will never be able to fill out a four-year term of office.
Since Biden was elected, the Socialists, Marxists, and Communist who control Kamala Harris, are planning to enact provisions of the 25th Amendment, in order to remove Joe Biden from office, so Harris can become the first Communist President of the United States.
 Since Biden was elected, because Biden would not be up to it, Kamala Harris would lead the effort to appoint very dangerous anti-American Leftist, Communist, Socialists, and Marxists to fill highly sensitive positions in the Washington Deep State Bureaucracy. She would fill all appointive positions in the US Intelligence Agencies, in the Department of Homeland Security, in the Department of Defense, in The Justice Department, the Department of State, the FBI, the CIA, most cabinet positions, the National Security Council, and in the White House Staff.
American voters must alert their fellow Americans that Kamala Harris is a very serious National Security threat to the very survival of the US Constitutional Republic; she has been a fellow traveler of Marxists, Communists, Maoists, Socialists, Progressives, and Chinese Communists for over 35 years.
President Trump had much more background information on Kamala Harris than we presented here, and he was correct, when he accused Kamala Harris of being a Communist subverter.  
Geoffrey B. Higginbotham
Major General, USMC (Ret.)

Via Wall Street Apes on "X."
America, Now Is The Time To Buy Guns & Ammo!
“You all are gonna think I'm crazy, but I don't even know if we're gonna have an election. I feel like this is the great setup.

I feel like our current administration and those people affiliated with that party, that have infiltrated the government, every branch, are setting us up.

They probably are gonna send those long range missiles over to Ukraine, and Putin probably is gonna declare a war on us. And when all of our military go and fight that conflict, American citizens are at home with 20 million+ unvetted people here.

Fcking fill in the blanks.

I suspect something is gonna happen in October. Mark my Fcking words.”

Thoughts?
https://x.com/WallStreetApes/status/1840109275127132399