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This excerpt taken from the WBMD 10-K filed May 10, 2007. Anthony
Vlastaris, et al. v. WebMD Publishing
Services
On September 25, 2006, Anthony Vlastaris, Brian Kressin,
and Richard Cohen filed a lawsuit individually, and as a class
action, under the TCPA, in the Ohio Court of Common Pleas,
Cuyahoga County. The lawsuit claimed that the defendant sent
faxes to the plaintiffs allegedly in violation of the TCPA. The
defendant in the suit was named as “WebMD Publishing
Services,” an entity that does not exist. Because the suit
was served on NPD at its location in Connecticut and because NPD
is the publisher of The Little Blue Book, NPD
responded — by removing the lawsuit to the United
States District Court, Northern District Court of Ohio, on
October 24, 2006. After removal to federal court, the
plaintiffs voluntarily dismissed the
class-action
complaint and refiled a new suit in state court that was not a
class action. NPD then settled the suit with the plaintiffs on
December 28, 2006. The suit has been dismissed.
This excerpt taken from the WBMD 10-Q filed May 10, 2007. Anthony
Vlastaris, et al. v. WebMD Publishing Services
On September 25, 2006, Anthony Vlastaris, Brian Kressin,
and Richard Cohen filed a lawsuit individually, and as a class
action, under the TCPA, in the Ohio Court of Common Pleas,
Cuyahoga County. The lawsuit claims that the defendant sent
faxes to the plaintiffs allegedly in violation of the TCPA. The
defendant in the suit is named as “WebMD Publishing
Services,” an entity that does not exist. Because the suit
was served on NPD at its location in Connecticut and because NPD
is the publisher of The Little Blue Book, NPD removed the
lawsuit to the United States District Court, Northern District
Court of Ohio, on October 24, 2006.
Table of Contents
WEBMD
HEALTH CORP.
NOTES TO
CONSOLIDATED FINANCIAL
STATEMENTS — (Continued)
NPD removed the case in part because of diversity jurisdiction
and in part because the Federal Class Action Fairness Act
provides federal jurisdiction over class actions in which the
potential damages exceed $5,000. The plaintiffs counsel has sent
a letter challenging the removal on the grounds that TPCA cases
are not subject to removal. NPD intends to defend the notice of
removal. The purported class in the Vlastaris case,
involving faxes sent to three area codes in two states, is
substantially a subset of the purported nationwide class in the
Weitzner case (described above) in New York. The Company
expects to oppose class certification in this lawsuit.
This excerpt taken from the WBMD 10-K filed Mar 2, 2007. Anthony
Vlastaris, et al. v. WebMD Publishing
Services
On September 25, 2006, Anthony Vlastaris, Brian Kressin,
and Richard Cohen filed a lawsuit individually, and as a class
action, under the TCPA, in the Ohio Court of Common Pleas,
Cuyahoga County. The lawsuit claimed that the defendant sent
faxes to the plaintiffs allegedly in violation of the TCPA. The
defendant in the suit was named as “WebMD Publishing
Services,” an entity that does not exist. Because the suit
was served on NPD at its location in Connecticut and because NPD
is the publisher of The Little Blue Book, NPD
responded — by removing the lawsuit to the United
States District Court, Northern District Court of Ohio, on
October 24, 2006. After removal to federal court, the
plaintiffs voluntarily dismissed the
class-action
complaint and refiled a new suit in state court that was not a
class action. NPD then settled the suit with the plaintiffs on
December 28, 2006. The suit has been dismissed.
This excerpt taken from the WBMD 10-Q filed Nov 13, 2006. Anthony
Vlastaris, et al. v. WebMD Publishing Services
On September 25, 2006, Anthony Vlastaris, Brian Kressin,
and Richard Cohen filed a lawsuit individually, and as a class
action, under the TCPA, in the Ohio Court of Common Pleas,
Cuyahoga County. The lawsuit claims that the defendant sent
faxes to the plaintiffs allegedly in violation of the TCPA. The
defendant in the suit is named as “WebMD Publishing
Services,” an entity that does not exist. Because the suit
was served on NPD at its location in Connecticut and because NPD
is the publisher of The Little Blue Book, NPD removed the
lawsuit to the United States District Court, Northern District
Court of Ohio, on October 24, 2006.
Table of Contents
WEBMD
HEALTH CORP.
NOTES TO
CONSOLIDATED FINANCIAL
STATEMENTS — (Continued)
NPD removed the case in part because of diversity jurisdiction
and in part because the Federal Class Action Fairness Act
provides federal jurisdiction over class actions in which the
potential damages exceed $5,000. The plaintiffs counsel has sent
a letter challenging the removal on the grounds that TPCA cases
are not subject to removal. NPD intends to defend the notice of
removal. The purported class in the Vlastaris case,
involving faxes sent to three area codes in two states, is
substantially a subset of the purported nationwide class in the
Weitzner case (described above) in New York. The Company
expects to oppose class certification in this lawsuit.
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