The plaintiffs and their attorneys are claiming that Dreamhost and its CEO put up the domain names and hosting companies “Talisman Casualty”Dreamhosting” without permission. It is a broad claim, but so far, Dreamhost has fought back with an anti-SLAPP motion that offers immunity to the attorneys in this case and a counterclaim that should be answered soon.
To understand this lawsuit it is important to understand what is meant by SLAPP (Strategic Lawsuit Against Public Participation). In SLAPP law, a plaintiff creates a new law suit which he then will call SLAPP Lawsuit in order to prevent third parties from speaking about or even making public what he is saying. Usually in the state of Texas, SLAPP lawsuits are brought by people who would like to hold someone accountable for something they believe to be improper or unethical. In this case, the SLAPP suit was brought by the plaintiffs and their attorneys, who are saying that Dreamhost and its owners created this domain name that the website “Talisman Casualty” is using without their permission.
There are a lot of different laws on what can be done about someone who creates a frivolous law suit. Most states will at least give a person who creates a frivolous law suit a warning. A warning that in most cases says that the attorney cannot use any taxpayer money to bring the lawsuit, but if the attorney wins the lawsuit then the state will have to pay the attorney’s fees for that attorney.
There are other states that will not allow an attorney to raise a frivolous law suit. The reason why this is so rare is because there are a lot of good attorneys that would love to take on the case and prove to the court that the Talisman Casualty is a scam. If they lose, the attorney is already very tired and probably wants to go home and rest up so they do not really care what happens to the Talisman Casualty or the customers.
As you can see, a lawsuit that does not meet the minimum requirements of the state to be a SLAPP suit is one that is not allowed in the state of Texas.This lawsuit by Talisman Casualty Lawsuit the plaintiffs and their attorneys is probably going to be allowed and won. The reason is that they will have some evidence to support their claims. They will have a list of customer comments that the customers make, like:
“I am so sorry this happened to you and your family. I wish I had never found this site, but you have my sincerest apologies.”
Then there are the customer comments that talk about how important the website is. Some of the customer comments include;
“I’m so sorry for the unfortunate tragedy this has caused my family and me. I hope you have recovered well and will enjoy your time in Costa Rica.”
“I am very sorry for what happened. I love the fact that you provide people with opportunities and new customers. You have always helped me in times of need and this is just another one of those times. Keep doing what you are doing and keep everyone happy.”
“I just want to thank you for the service you provide and also thank you for everything that is happening and everything that I have seen and heard from the people that have taken advantage of your services.” Then there are more customer comments that include;
“I just wanted to tell you that your site has really changed my life, and it’s the best decision I’ve ever made in my life. I’m really glad I chose Talisman. It’s so great, andso convenient.”
So there is evidence of customers that the Talisman Casualty is
in, comments like these and others. Also, there are customer that show that customers were happy with their Talisman and are still happy with it today. It seems like the only real evidence of the lawsuit being a sham comes from a couple of blogs and the few websites that it appears to affect