RAINSOFT v. MACFARLAND

C.A. No. 15-432 WES.

350 F.Supp.3d 49 (2018)

RAINSOFT, a Division of Aquion, Inc., a Delaware Corporation, Plaintiff, v. Brian MACFARLAND, d/b/a "Lazy Man & Money," Defendant.

United States District Court, D. Rhode Island.

Signed September 30, 2018.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Libel, Assault, Slander
Nature of Suit: 320 Assault Libel & Slander
Source: PACER


Attorney(s) appearing for the Case

John Michael Touhy , Pro Hac Vice, David Michael Friebus , Pro Hac Vice, Baker & Hostetler LLP, Chicago, IL, Mark W. Freel , Krystle Guillory Tadesse , Locke Lord LL, Providence, RI, Jonathan Lawrence Lewis , Pro Hac Vice, McGuire-Woods LLP, Washington, DC, for Plaintiff.

Joseph V. Cavanagh, Jr. , Mary C. Dunn , Thomas J. Alves , Blish & Cavanagh, LLP, Providence, RI, for Defendant.


OPINION AND ORDER

Brian MacFarland is the author of a series of blog posts criticizing the water-treatment company RainSoft. RainSoft has sued over these posts, alleging defamation and violation of the Lanham Act. MacFarland argues his posts are shielded by the First Amendment, and indeed successfully executes...

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