International PADI 0, Diverlink 2

[tekmac]

International PADI lost the appeal to their suit, one that should never have been filed in the first place and one that caused a lot of embarrasment to PADI affiliates. The case is exactly what it appeared to be at first look, a big bully trying to get their way even though there was no grounds for it.

On July 13, 2005, the United States Court of Appeals for the Ninth Circuit ruled against International PADI in its appeal of the United States District Court for Central District of California's ruling in International PADI's suit against Diverlink.

They played dirty along the way and they were chastized by two federal judges in different districts for their unethical and improper behavior.

International PADI should now pay Diverlink's legal expenses as ordered by the United States District Court for the Central District of California which were approximately $197,000 prior to the appeal and are now approximately $339,000.

I was never worried for an instant from the time I was served until I received the outcome of the appeal recently. From out of the west, a defending angel appeared (in the form of Dotty Vidal), who took on my case with no expectation of getting paid. Nevertheless, one could not ask for better representation. The first thing PADI did is object to her as my counselor, perhaps because she knows where the bodies are buried and which skeletons are in the closet (she has sued them before).

Since International PADI's attorneys charge considerably more than she does (about twice her rate), we estimate that this suit cost PADI about a million dollars in
fees (once they pay her).

That makes me question PADI's business judgment, wasting a million dollars on a suit that could not be won and demonstrating bullying practices. PADI is truly the Microsoft of diving. Their ethics and practices are without question and have been made quite clear. Unfortunately, neither reflect well on them.

Perhaps they will learn a lesson or two. When you go around pushing people around, sometimes the universe pushes back. No one likes a bully.

The fat lady has sung. It's over. Now that it is over, I may have more to say on the subject (soon).

Eddie

A published opinion can be found online (in PDF format) at www.ca9.uscourts.gov/coa/memdispo.nsf/0/5e01ae65358533b28825703d00565284?OpenDocument. It is currently the 4th item from the top.

[tekmac]

Just a primer for people not aware of the lawsuit:

July 16 - International PADI Inc. a multi-million dollar multi-national corporation, lost the libel suit it filed against Diverlink in February 2002.

First, PADI was sanctioned by the U.S. District Court for the Middle District of Florida. A third party witness (a Floridian and the author of the article PADI sued over) was awarded attorneys fees as sanctions against PADI by the Florida court.

The final blow to PADI came when Judge Gary L. Taylor (a federal judge in California) granted Diverlink's special motion to strike PADI's complaint. "As the prevailing party, defendant is entitiled to attorney's fees and cost of suit, and may submit a fees motion to the court to support its request."

This means that Diverlink prevailed on its Anti-SLAPP motion. California's Anti-SLAPP law prohibits suits brought to silence legitmate public debate by using the legal system for intimidation. The sanction is paying the defendant's costs and attorneys fees. That means PADI will now have to pay Diverlink's costs and attorney fees.

See David 2, Goliath 0

DivePartner1, a litigation attorney, had this to say prior to the ruling:

In a sideshow to its case against Diverlink, a third party witness was awarded attorneys fees as sanctions against PADI by a Florida court. The witness was a Floridian, so this spanking was conducted by the U.S. District Court for the Middle District of Florida.

The documents posted on PACER indicate that PADI served the third party with a subpoena for documents in an attempt to survive the anti-SLAPP motion they�re fighting in California. Fair enough. In response to the subpoena, the witness showed up with the documents at the time and place commanded. Inexplicably, PADI and its lawyers �failed to appear for the subpoena it issued.� The witness waited a bit, then went back to work. The witness had done everything required by the subpoena.

After realizing that they missed their chance, PADI�s lawyer continued to demand the documents but failed to be troubled to simply issue a new subpoena�and this time to actually show up. That would have been the low cost�and proper�solution to their self-inflicted injury. Instead, they asked the court to have the witness held in contempt of court failing to re-produce the documents at their convenience. In response, the third party filed a cross motion for sanctions demanding attorneys fees.

The court awarded not only costs but legal fees as a sanction for PADI�s behavior. This is unusual. Lawyers have to pretty much behave like complete miscreants to earn this kind of sanction in the U.S. The judge reminded PADI�s lawyers that they have a duty under the federal rules to minimize the burden on non-party witnesses, not exacerbate it as they were doing here.

Still missing the message, PADI�s lawyer continue to file shrill pleadings challenging the award of fees that would not have been incurred but for PADI�s belligerence following their own neglect. But this all appears to be of no avail. On July 11, the court issued an order asking the witness to clarify the fee request, which is currently between around $7000 to $8000.

Regardless of what occurs in California, the conduct shown in the Florida pleadings does neither PADI�s lawyers nor PADI any credit.

[DiveBuddy]

What did Divelink do in the first place?

[LSDeep]

they basically had posts on there website which padi considered slander, very close to what we have at this point with this uae dive center. maybe they learn a lesson from it to, then again they might did already, considering we did not hear of them anymore (you can read up on ours in the bad guys section). its peanuts compared to diverlink, since padi is multi million dollar, but great to see the small guys win sometimes. dont get me wrong, i am not into padi bashing at all, but to speak your mind and express your opinion is your friggin right!

[Argo]

Apparently not m8 I got a 6 mth suspension for the Ad on their employment board story............... Have to see where I go from here.......