Med Express v. Nicholls

EBay seller Med Express sued two customers for libel on the theory that posting truthful criticisms of their experiences buying equipment had hurt its reputation and it moved for a temporary restraining order commanding removal of the comments from eBay.  After the defendants found counsel Med Express dismissed its complaint.  Public Citizen represented the defendants in contending that the suit and  TRO motion were so frivolous as to warrant an award of attorney fees for their pro bono lawyers.

Following a failed effort to settle and two sanctions hearings, the court decided that the lawsuit was frivolous and awarded sanctions in the amount of nearly $20,000 in attorney fees and expenses.