Rod Cook wrote:Anti-MLMer Robert L. Fitzpatrick is going to be paying some serious damages to Medifast.
Cook has no way of knowing that, and the Court certainly didn't say it. The ruling
was that, as to Fitzpatrick (unlike Minkow et al.), Medifast's suit won't be dismissed per CA anti-SLAPP, and Fitzpatrick (unlike Minkow) isn't due his costs and attorney's fees. Medifast will still have to prove its case.
Minkow we will skip since he will be back in Club Fed (Federal Prison)....
Dishonest. While it may be true that Minkow will be going back to jail, that's not why "we will skip" him. We'll skip him because the Court dismissed Medifast's suit against him.
Robert Fitzpatrick was a participant in the criminal “Airplane” Pyramid Scheme. Thus, just like Barry Minkow, Robert Fitz participated in criminal activity. The only difference is that Barry Minkow was caught and jailed. Barry Minkow and Robert Fitzpatrick still have one more thing in common, which is recidivism and falling back into their criminal activity by lying and attacking the MLM Industry.
Robert Fitzpatrick who, by his past actions, is an un-convicted felon in your editor's opinion
It's actually kind of funny, in a retarded sort of way. Cook crows about how Fitzpatrick will have to face the Medifast music. That is true - because he accused them of criminal activity
Judge Sammartino wrote:In his report dated February 16, 2009, FitzPatrick concludes “that TSFL’s business model and reward system—by their design, operation[,] and promotion—meet the definition of an ‘endless chain’ within the meaning of” Penal Code section 327. (Cohen Decl. ISO Opp’n Ex. 61, at 8.)10 In the context of FitzPatrick’s “Expert Report,” a reasonable fact finder could conclude that these statements declare or imply a provably false statement of fact, to wit, that TSFL’s business model and reward system are an endless chain in violation of Penal Code section 327.11 See Overstock.com, 61 Cal. Rptr. 3d 39, 43–44 (holding that research reports constituted actionable statements of fact because defendants held them out as “prepared by certified public accountants and financial analysts,” and “[t]he tone and content [was] serious”). They are also libelous per se because they accuse Medifast of a crime
Exactly as Cook does to Fitzpatrick.
It would be amusing if Fitzpatrick sued him.