March 21, 2016

All Natural Transdermal Cannabis Patch developer RX Green has filed a counter lawsuit against a competitor claiming the owner and employees of Mary’s Medicinal have spread misleading and false information about the company, which violates Colorado Consumer Protection Act.

Details and Allegations in the RX Green Counter Lawsuit

RX Green Countersues Over False Claims

RX Green Countersues Over False Claims

The following details and allegations were reported in local news reports and court documents:1

  • RX Green’s lawsuit claims Mary’s Medicinal has acted in a pattern of slander, harassment, and threats, and violation of the Colorado Consumer Protection Act.
  • RX Green also alleges that Mary’s Medicinal owner willfully disseminated false information about the RX Green.
  • The suit filed in Denver District Court against Eleutherian Enterprises, which is the parent company of Mary’s Medicinal, names the owner, agents, and several employees.
  • The suit charges these individuals with libel, slander, defamation, civil conspiracy, violations of the Consumer Protection Act, and interference in contractual relations.
  • “We have seen false and malicious rumors spread via social media and online outlets,” said RX Green Spokesperson Kelly Curtin. “RX Green has always elected to take the higher road and refrain from participating in the illicit behavior. We remain focused on delivering all natural, effective products for the marijuana industry.”
  • One such piece of evidence Curtin claims RX Green has is a harassing letter written in June of 2015 and sent to RX Green in an email with the subject line of “RX GREEN POISON” as well as containing malicious and false information.
  • RX Green claims it has also evidence of malicious and false rumors posted on social media and other online outlets defaming the company.
  • RX Green claims defamatory communications have come from an IP address linked to Mary’s Medicinal.

Recovering Damages in this Case

There are several charges in this case, but let’s look at defamation of character of the company, RX Green, and see what they’d have to prove to win such a case. In Colorado there’s four elements of a cause of action for defamation:

  • Defamatory Statement – In this case, RX Green claims it’s competitor Mary’s Medicinal has called its product “poison.”
  • Publication of Statement – In this case, RX Green claims that the competitor posted false and misleading information on social media and other online outlets.
  • Fault – In this case, RX Green would have to prove negligence on the part of its competitor.
  • Damages – In this case, under Colorado law the statement doesn’t require special damages. Meaning the plaintiff may or may not have tangible damages, such as expenses related to the defamatory statements. RX Green would still have to prove the defamatory statements did cause some kind of damage to the company’s reputation.

Contact a Denver Business Attorney at Downey & Associates, PC

If your company has been the target of defamation or misleading claims, you can count on Denver Business Attorney Thomas E. Downey for help protecting your rights and pursuing justice. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their business litigation, property tax and real estate legal issues.

Our dedication to our clients, coupled with our longstanding tradition of handling complex matters of corporate law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.

Call our office today for a free initial consultation, by calling (303) 813-1111 or by emailing us using the contact form on this page.

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Categories: Defamation of Character, Libel and Slander