PHOENIX TRADING, INC. v. LOOPS LLC

No. 11-36053.

732 F.3d 936 (2013)

PHOENIX TRADING, INC., a Washington corporation, dba Amercare Products Inc.; Wendy Hemming, an individual, Plaintiffs-Appellants, v. LOOPS LLC, a Delaware limited liability corporation; Loops Flexbrush LLC, a Delaware limited liability corporation; Steven L. Kayser, an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Resubmitted October 4, 2013.

Submission Vacated and Deferred July 15, 2013.


Attorney(s) appearing for the Case

Brooks F. Cooper , Portland, OR, for Plaintiffs-Appellants.

Nicholas L. Jenkins and Amber L. Pearce , Floyd, Pflueger & Ringer, P.S., Seattle, WA, for Defendants-Appellees.

Before: A. WALLACE TASHIMA and CONSUELO M. CALLAHAN, Circuit Judges, and RANER C. COLLINS, District Judge.


OPINION

TASHIMA, Circuit Judge:

This defamation action arises out of a business dispute between companies that design and distribute hygiene products for prisoners. One of those companies, Loops, designed a flexible toothbrush made for safe use in prisons and then bid on a contract with the New York City Department of Corrections ("NYC-DOC"). The other company, Amercare, ultimately won the contract using a similar toothbrush. In a series of letters to government...

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