Defendant Argues Law Firm’s YouTube Video Amounted to Defamation
A company accused in a class action lawsuit of selling a dietary supplement that doesn’t live up to its memory claims has turned the tables on the plaintiffs’ firm, claiming its lawyers gave interviews and posted a YouTube video with defamatory statements.
On Friday, the class action defendant, Brain Research Labs, argued against a motion to dismiss in San Francisco superior court, the Recorder reports. The suit (PDF posted by the Recorder) by Brain Research claims partner Thomas Clarke Jr. of the California law firm Ropers, Majeski, Kohn & Bentley crossed the line in a TV interview and in a YouTube video by disparaging the company’s product, Procera AVH.
The suit accuses Clarke of calling Procera AVH a “fake product” and asserting that the company was engaged in a “scam” and a “theft” by selling it. He also implied that the product is killing people, according to the suit.
Clarke told the Recorder he was surprised that Brain Research Labs thinks its lawsuit “tactic” will work. “I think that their attorneys have, unfortunately, done them a great disservice by letting them think they had a chance at this,” he said.
