Veeder-Root

Veeder-Root argued that its statements were privileged under the First Amendment and California law.

First Amendment fails to justify dismissing false advertising allegations Rebecca Tushnet 2009

Franklin sufficiently alleged that (1) Veeder-Root disparaged the quality and performance of the Healy system by falsely stating that ¼ failed and that the Healy system caused the false alarms; (2) the falsity was knowing and with reckless disregard for truth; (3) it was intentionally distributed to customers; and (4) Veeder-Root knew or had reason to know this would damage Franklin, and special damage did occur.

First Amendment fails to justify dismissing false advertising allegations Rebecca Tushnet 2009

Apparently, gas station owners began reporting problems when they were using Veeder-Root ISDs and Healy EVRs.

Archive 2009-08-01 Rebecca Tushnet 2009

Veeder-Root argued for First Amendment protection because its statements raised issues of public concern.

First Amendment fails to justify dismissing false advertising allegations Rebecca Tushnet 2009

Franklin sufficiently alleged that (1) Veeder-Root disparaged the quality and performance of the Healy system by falsely stating that ¼ failed and that the Healy system caused the false alarms; (2) the falsity was knowing and with reckless disregard for truth; (3) it was intentionally distributed to customers; and (4) Veeder-Root knew or had reason to know this would damage Franklin, and special damage did occur.

Archive 2009-08-01 Rebecca Tushnet 2009

Veeder-Root argued for First Amendment protection because its statements raised issues of public concern.

Archive 2009-08-01 Rebecca Tushnet 2009

Veeder-Root argued that its statements were privileged under the First Amendment and California law.

Archive 2009-08-01 Rebecca Tushnet 2009

It claimed that Veeder-Root distributed false marketing materials including statements that (1) one in four (22%) of Healy Systems failed, and (2) that an ARB investigation had concluded that problems with the Healy System were triggering alarms on the Veeder-Root ISD, causing the Veeder-Root ISD to shut down dispensers (and increasing site maintanence costs).

Archive 2009-08-01 Rebecca Tushnet 2009

Veeder-Root has a competing ARB-certified EVR system and an ISD; a later Veeder-Root EVR using a substantially cheaper carbon canister was also certified.

Archive 2009-08-01 Rebecca Tushnet 2009

Veeder-Root has a competing ARB-certified EVR system and an ISD; a later Veeder-Root EVR using a substantially cheaper carbon canister was also certified.

First Amendment fails to justify dismissing false advertising allegations Rebecca Tushnet 2009