Home

An Ohio Attorney Sues Over Misleading Emails Even Though He Technically Was Not Misled
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Its not like the general public needs any more reason to dislike attorneys, right? Well, unfortunately, there will always be more fuel for the fire.

If you’ve ever watched the news, I’m sure you could call attorneys boozers, they are extremely arrogant, and they are big tools. Now, the cynics get to add ”cherry-pickers” to their list of reason to not like attorneys.

  
What
Where


The attorney in the following case acted like a total nut, like the idiots in Call of Duty who just hide in the bushes the entire game, waiting for people to turn the corner straight into a face full of fire.

But, luckily, an Ohio appeals court called shenanigans…

Christopher T. Cicero, who is an Ohio attorney, collected 85 emails from a marketing company call American Satellite, which was advertising DISH Network and DirectTV television. He had apparently thought that the emails were misleading for not fully explaining the terms and conditions of the ”free” services that were being offered to him.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




To be very clear, Cicero himself was not misled, but he had thought the omission of applicable terms and services violated the Ohio Consumer Sales Protection Act. He waited a few months, building up his collection of emails, until he finally decided that there was enough for a lawsuit.

Of course, Cicero v. American Satellite didn’t get very far in court. The defense actually used Cicero’s own deposition against him. And according to the court, he testified that ”at the time, he received the emails that are the subject of this litigation, not only was he not deceived by them, but because he believed they violated the OCSPA, he began saving the emails specifically for litigation purposes.” The trial court granted summary judgment in favor of the American Satellite.



Yet, on September 27, the Ohio Court of Appeals denied Cicero’s appeal, and the whole court wrote that the key issue was whether Cicero could recover damages, even though he was not all misled.

Last week, Venkat Balasubramani at the Technology and Marketing Blog had a really good analysis on the case:

”Another court that’s less than sympathetic towards a lawyer-plaintiff. Quel dommange. (Woods v. Google was the most recent example of this, but there are many others.) Courts are also not sympathetic to claims which they perceive as manufactured. This lawsuit combined both of these elements — a lawyer-plaintiff, who saved up allegedly misleading emails so he could file suit — so its hardly surprising that the court gives him the boot.”

So, there’s really no need to put Cicero down anymore than he is. He has obviously been through enough, and this just isn’t his week. He thought that he could win the suit he filed on American Satellite because they misled him, or because they didn’t follow the right laws, or whatever it was that Cicero was actually filing against, but he got denied by the court. Maybe if he could just get his story straight on what it is that he’s actually filing a law suit about, then the court would take him seriously.



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

General Municipal Law Attorney with land use experience

USA-CA-Oakland

Oakland office of our client seeks general municipal law attorney with experience advising public ag...

Apply Now

Senior Land Use Attorney with experience

USA-CA-San Francisco

San Francisco office of our client seeks senior land use attorney with 7+ years of experience. The c...

Apply Now

Immigration Attorney with portable business

USA-VA-McLean

McLean office is seeking an immigration attorney with $500,000+ in portable business.

Apply Now

Attorney with 1-2 years of business immigration experience

USA-IL-Chicago

Chicago office of our client seeks attorney with 1-2 years of business immigration experience. The c...

Apply Now

RELEVANT JOBS

LITIGATION ATTORNEY

USA-CA-Emeryville

Boutique East Bay litigation defense firm is seeking a junior to mid-level attorney. Candidates for ...

Apply now

Managing Director, Litigation Finance Investments

USA-FL-Tampa

Title                ...

Apply now

Contract Associate

USA-CA-Sausalito

Seeking lawyer with at least 2 yrs experience in complex real estate transactional matters, with wil...

Apply now

Products Liability & Mass Tort Litigation Associate

USA-GA-Atlanta

The candidate must have 1- 5 years of civil litigation experience, preferably with some background i...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top