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

https://thewashingtonstandard.com/the-trust-fall-julian-assange-with-kym-staton-video/

https://settingbrushfires.com/the-trust-fall-julian-assange-with-kym-staton-video/

https://thewashingtonstandard.com/julian-assange-the-cia-tried-to-assassinate-me-video/

HUGE: Julian Assange Calls Out Mike Pompeo, CIA’s Plans to Assassinate Him https://www.infowars.com/posts/huge-julian-assange-calls-out-mike-pompeo-cias-plans-to-assassinate-him

Julian Assange makes first public statement since prison release. https://youtu.be/Ai34Uxnv_4s?si=q-ErAxGMyuiTCRMK

Violators of the Nuremberg Code Must be Labelled Criminals https://tinyurl.com/y3ptfujp SUMMARY: I’m perusing my saved Telegram interests as I watch the NFL’s opening Sunday. And I came across a saved Telegram Julian Assange from 9/3/24. “Government, Big Pharma, and their lapdog MSM, were complicit in violating all 10 points of the Nuremberg Code with their Covid vaccine campaign.” …MORE TO READ! #NurembergViolations #COVIDCriminals

A New Julian Assange has been imprisoned. Telegram founder Pavel Durov meets support at the French embassy in Moscow. (17 seconds) After Macaroni’s tranny wife was exposed and then Macaroni’s party cheated in the elections, and with Durov’s arrest faith in the French government and nation has collapsed. https://t.me/davidavocadowolfe/137949

Meet-Your-Strawman-and-Whatever-You-Want-to-Know FREE Downloadable PDF file! Are YOU ready to free yourself from the maritime admiralty law #Slave system yet? Let's be very clear here... The Admiralty Law System is #Satan's System of Control! Just like political theater, it's designed to enslave you! And I have to say.... it's done a pretty good job turning every MAN & WOMAN into #Slaves owned by a #Corporation, who work to benefit everyone but themselves! Combined with Satan's #Banking System and WORTHLESS FIAT CURRENCY..... He has gained control over the entire world with the help of his minions! People will kill their own mother for a fist full of worthless "Notes of DEBT" It happens more than you think! Look at all of the "family tragedies" that happen in #Hollywood! That's because in order to join "The big club" you either have to perform homosexual acts OR sacrifice a member of your immediate family! These are just famous scumbags who lost a family member to violence...... I have no knowledge of what actually happened.... But chances are very good that these people were SACRIFICED for entry into the #Illuminati (the big club) Nowadays they just walk around covering one eye or throwing the 666 or pyramid hand signs, so who knows Several of the actors on this list have lost more than one family member to violence. This includes "Frasier" star Kelsey Grammer, whose father and sister were both homicide victims. One year after Hudson netted her Academy Award for "Dreamgirls," her mother, Darnell Donerson, and brother, Jason Hudson, were both found dead from gunshot wounds in Donerson's Chicago, Illinois, home on October 24, 2008. Hudson's 7-year-old nephew, Julian King, was also reported missing from Donerson's home; he was later found dead from multiple gunshots in a stolen SUV. Mark Ruffalo A close friend who died by suicide in 1994, and the shooting death of his brother, Scott, in 2008. Shortly after departing "Dallas," the CBS primetime soap opera that boosted him to stardom, Patrick Duffy experienced a double tragedy when his parents were both murdered at the bar they owned in Montana. Rihanna's cousin, Tavon Kaiseen Alleyne, was shot multiple times and killed while walking near his home in St. Michael, Barbados on December 26, 2017. https://ia801600.us.archive.org/16/items/meet-your-strawman-and-whatever-you-want-to-know-by-david-robinson/384050816-Meet-Your-Strawman-and-Whatever-You-Want-to-Know-Editabil.pdf

WHY WE HAVE ENDLESS WARS... Remember Julian Assange Warned Us “There is no society anymore. What there is, is a transnational security elite that is busy carving up the world using your tax money. To combat that elite, we must not petition. We must take it over. We must form our own networks of strength and mutual value, which can challenge those strengths and self interested values of the warmongers in this country and in others that have formed hand in hand an alliance to take money from the United States, from every NATO country, from Australia, and ban.