A blogger is afforded the same First Amendment protections as the institutional press, so liability for private defamation cannot be found unless a blogger acts negligently in making statements on matters of public concern, the Ninth U.S. Circuit Court of Appeals has ruled.
The court, in an opinion by Judge Andrew D. Hurwitz, reversed Friday, and remanded for a new trial, a $2.5 million compensatory damages award, saying First Amendment protections do not turn on whether a defendant is a trained journalist, limiting the distinctions to be made between a formal press and bloggers.
In a written decision before trial, U.S. District Judge Marco A. Hernandez of the District of Oregon ruled that the plaintiffs would not be required to prove negligence or actual damages because Crystal Cox failed to submit evidence proving her status as a journalist.
Kevin Padrick is a principal and co-founder of Obsidian Finance Group, LLC.
In 2008 Summit Accommodators, Inc. retained Obsidian for advice about a contemplated bankruptcy, and after filing for reorganization the bankruptcy court appointed Padrick as chapter 11 trustee. Summit had defrauded clients, so Padrick was to handle the firm’s assets for the benefit of those clients.
Cox wrote blog posts, published on websites she created, accusing Padrick and Obsidian of having engaged in bribery, tax fraud, money laundering and theft in connection with the Summit bankruptcy. She also alleged that Padrick may have “hired a hit man” to kill her.
Padrick and Obsidian sent Cox a cease-and-desist letter, but she continued posting allegations about them. Padrick and Obsidian then filed a defamation suit. "
NOTE: Folks, take a look at Bankruptcy LAW. It sure seems to me that Kevin Padrick, if Summit HIRED Kevin Padrick and Obsidian Finance Group, for advice about a "contemplated bankruptcy", that he was an insider and by LAW cannot, then be the Federally Appointed Trustee. All insiders knew this, including the Judges involved, attorneys for the creditors, and yet they let this happen. Even though internal emails CLEARLY showed that they all KNEW it was NOT in the best interest of the Creditors for there to be an appointed trustee.
Below is the eMail Regarding this issue.
If your company is having a financial crisis and you are truly attempting to avert total loss and liquidation and get your creditors their money and save your own ass, and you hire a Financial Investment Firm (Obsidian Finance Group LLC) and Principal, Kevin Padrick to help you restructure debt as per this contract
Bankruptcy Code and Law Research
Also examine Judge Dunn "Suggesting" Kevin Padrick be the Trustee and pretty much forcing the department of Justice to appoint Kevin Padrick as Trustee, even though it was already common knowledge to be NOT in the best interest of the Creditors to have a Trustee appointed.
I, Crystal Cox SAY that it was not LAWFUL for Kevin Padrick of Obsidian Finance Group to be the Trustee in the Summit Bankruptcy and that this led to further unethical, unconstitutional, fraudulent actions over 5 years and $40 Million plus other lawsuits such as the $30 Umpqua Bank Lawsuit, as well as many other "deals" where Obsidian and Kevin Padrick made Billions by screwing over their clients who paid them a $100,000, under contract to HELP THEM.
Principal David Brown Testimony
Kevin Padrick Testimony
Patricia Whittington Obsidian VP Testimony
More on the Summit Bankruptcy for Those Interested
Where did Obsidian Go?
Source of Blog Post Details