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Reply to Compulife Denied Prelim Injunctive Relief by Court     
Old 06-16-2017, 10:15 AM   #1
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Compulife Denied Prelim Injunctive Relief by Court Compulife Denied Prelim Injunctive Relief by Court
Compulife Software, Inc. v. Newman et al, No. 9:2016cv81942 - Document 106 (S.D. Fla. 2017) :: Justia

I don't see this as a major defeat for Mr. Barney, but winning is always better than losing.
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Old 06-16-2017, 10:45 AM   #2
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Compulife Denied Prelim Injunctive Relief by Court Re: Compulife Denied Prelim Injunctive Relief by Court
I guess you didn't get the massive PM (not from Robert Barney) the day of the decision.
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Old 06-16-2017, 11:38 AM   #3
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Originally Posted by DHK View Post
I guess you didn't get the massive PM (not from Robert Barney) the day of the decision.
Obviously not. What did it say? Who was it from?
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Old 06-16-2017, 11:42 AM   #4
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Compulife Denied Prelim Injunctive Relief by Court Re: Compulife Denied Prelim Injunctive Relief by Court
I am not a lawyer but once you testify that you have no proof of losing any current customers, no judge is going to give you an immediate injuction. You have to prove damages in civil proceedings. I have no opinion on to rest of the legal case, it is all about copyright law. Good luck to both sides.
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Old 06-16-2017, 11:43 AM   #5
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Compulife Denied Prelim Injunctive Relief by Court Re: Compulife Denied Prelim Injunctive Relief by Court nylife11023 is the thread starter for: Compulife Denied Prelim Injunctive Relief by Court

Getting a prelim injunction is a fairly high bar to jump over and clear as one has to pass four major tests of law.

However, only one of them is of major concern... the one that 'tests' the likelihood that you will prevail at trial. Bob didn't pass that one. That's a bid omen.

It looks like Bob is going to mediation on his other case (https://www.pacermonitor.com/public/...poration_et_al) so he might have a good chance there.

There are a bunch of people in the insurance industry quietly following the case. What I hear is that his (unknown) opposition, Allison Friedman Allison L. Friedman | Allison L. Friedman, P.A. | Aventura must be a pretty good attorney... as it was somewhat surprising that she 'beat' Bob's 'powerhouse' counsel (Schneider Rothman). But there are still a lot of battles to fight (and pay for!) so I'm not counting Bob out just yet. He could win this.

Obviously he should not comment here about it, seeing as how Judge Rosenberg objected to his website postings David Rutstein is behind NAAIP (I didn't understand judge's logic there... made no sense to me... I don't see how that site was/is detrimental to Bob's case... but again... IANAL.)
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Old 06-16-2017, 11:52 AM   #6
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Compulife Denied Prelim Injunctive Relief by Court Re: Compulife Denied Prelim Injunctive Relief by Court
Originally Posted by nylife11023 View Post
Getting a prelim injunction is a fairly high bar to jump over and clear as one has to pass four major tests of law.

However, only one of them is of major concern... the one that 'tests' the likelihood that you will prevail at trial. Bob didn't pass that one. That's a bid omen.

It looks like Bob is going to mediation on his other case (https://www.pacermonitor.com/public/...poration_et_al) so he might have a good chance there.

There are a bunch of people in the insurance industry quietly following the case. What I hear is that his (unknown) opposition, Allison Friedman Allison L. Friedman | Allison L. Friedman, P.A. | Aventura must be a pretty good attorney... as it was somewhat surprising that she 'beat' Bob's 'powerhouse' counsel (Schneider Rothman). But there are still a lot of battles to fight (and pay for!) so I'm not counting Bob out just yet. He could win this.

Obviously he should not comment here about it, seeing as how Judge Rosenberg objected to his website postings David Rutstein is behind NAAIP (I didn't understand judge's logic there... made no sense to me... I don't see how that site was/is detrimental to Bob's case... but again... IANAL.)
Well isn't that interesting, NAAIP's attorney is a collections lawyer.

As to Bob's website, I did not see that in the opinion, but then I didn't read it in full either. I do believe, most judges do not like to see cases tried in the court of public opinion, particularly before a jury is selected.

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Old 06-16-2017, 12:18 PM   #7
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Originally Posted by VolAgent View Post
Well isn't that interesting, NAAIP's attorney is a collections lawyer.
Yeah, I didn't understand that choice either. My guess is that NAAIP is sure of their case and hired the lawyer with the idea that they will turn around and sue Bob... and I guess she would be the one to do it?

As to Bob's website, I did not see that in the opinion,
Page 14:

“[T]he loss of customers and goodwill is an ‘irreparable’ injury.” Ferrero v. Associated Materials Inc., 923 F.2d 1441, 1449 (11th Cir. 1991) (citing Spiegel v. City of Houston, 636 F.2d 997 (5th Cir. 1981)); see also Arthur J. Gallagher Serv. Co. v. Egan, 514 F. App’x 839, 843 (11th Cir. 2013) (citing Ferrero, 923 F.2d at 1449) (“The loss of longstanding clients and goodwill is an irreparable injury.”). However, Compulife has presented no evidence that a single existing customer has been lost to NAAIP or BeyondQuotes. Instead, Compulife has presented evidence that it has lost new business, and that each insurance agent using an NAAIP website is a potential Compulife customer—that is, a potential source of revenue (approximately $200 per year) from licensing Compulife software to that agent. Such injury, again, may be undone through monetary remedies. To the extent that there has been any injury to Compulife’s goodwill or reputation, the only evidence of which is Mr. Barney’s vague, unsubstantiated testimony, Mr. Barney has certainly contributed to it himself through the content he publishes on David Rutstein is behind NAAIP and his contact with NAAIP agents. See Mercedes-Benz U.S. Int'l, Inc. v. Cobasys, LLC, 605 F. Supp. 2d 1189, 1207 (N.D. Ala. 2009) (citing BellSouth Telecommunications, Inc. v. MCIMetro Access Transmission Servs., LLC, 425 F.3d 964, 970 (11th Cir. 2005)) (requiring more specific showing of loss of goodwill and reputation than self- serving testimony of party seeking injunction).
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Old 06-16-2017, 12:35 PM   #8
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Compulife Denied Prelim Injunctive Relief by Court Re: Compulife Denied Prelim Injunctive Relief by Court
Originally Posted by nylife11023 View Post
Yeah, I didn't understand that choice either. My guess is that NAAIP is sure of their case and hired the lawyer with the idea that they will turn around and sue Bob... and I guess she would be the one to do it?



Page 14:

“[T]he loss of customers and goodwill is an ‘irreparable’ injury.” Ferrero v. Associated Materials Inc., 923 F.2d 1441, 1449 (11th Cir. 1991) (citing Spiegel v. City of Houston, 636 F.2d 997 (5th Cir. 1981)); see also Arthur J. Gallagher Serv. Co. v. Egan, 514 F. App’x 839, 843 (11th Cir. 2013) (citing Ferrero, 923 F.2d at 1449) (“The loss of longstanding clients and goodwill is an irreparable injury.”). However, Compulife has presented no evidence that a single existing customer has been lost to NAAIP or BeyondQuotes. Instead, Compulife has presented evidence that it has lost new business, and that each insurance agent using an NAAIP website is a potential Compulife customer—that is, a potential source of revenue (approximately $200 per year) from licensing Compulife software to that agent. Such injury, again, may be undone through monetary remedies. To the extent that there has been any injury to Compulife’s goodwill or reputation, the only evidence of which is Mr. Barney’s vague, unsubstantiated testimony, Mr. Barney has certainly contributed to it himself through the content he publishes on David Rutstein is behind NAAIP and his contact with NAAIP agents. See Mercedes-Benz U.S. Int'l, Inc. v. Cobasys, LLC, 605 F. Supp. 2d 1189, 1207 (N.D. Ala. 2009) (citing BellSouth Telecommunications, Inc. v. MCIMetro Access Transmission Servs., LLC, 425 F.3d 964, 970 (11th Cir. 2005)) (requiring more specific showing of loss of goodwill and reputation than self- serving testimony of party seeking injunction).
Gotcha. You said Bob's attorney is a "powerhouse" firm. Was that sarcasm or were you being serious? I have no knowledge of the firm, nor most law firms. It seems Moses hired a much better attorney, or at least is willing to listen to his attorney. While it does seem Bob has gone quiet, I can only imagine he is driving his attorney crazy. Also, you would think they would be able to generate some evidence beyond his opinions to support the motion and lawsuit.

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Old 06-16-2017, 12:58 PM   #9
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Originally Posted by VolAgent View Post
Gotcha. You said Bob's attorney is a "powerhouse" firm. Was that sarcasm or were you being serious?
I was serious. This firm has a good track record in IP law. Unless Bob was able to convince them to take this on contingency, they must be costing him a lot of money:

Schneider Rothman IP Law Group | We take your intellectual property seriously.


It seems Moses hired a much better attorney, or at least is willing to listen to his attorney.
Either she is a really great lawyer or Bob's people presented a weak case. My bet is that in seeking a prelim injunction the hope was Bob would win and it would scare Moses into a quick settlement. Well, that didn't happen and to be honest from reading the decision, Bob got his butt kicked.

Of course, this is just a skirmish. The real battle will be when or if this thing goes to trial.


While it does seem Bob has gone quiet, I can only imagine he is driving his attorney crazy.
I don't know if he is driving them crazy, but I'll be he is paying them like crazy!

Also, you would think they would be able to generate some evidence beyond his opinions to support the motion and lawsuit.
I agree with you. But maybe Bob and his people didn't want to show their whole game plan in the first few plays of the first period. Perhaps they have some major artillery ready to be deployed for the battle to come?

He has a good law firm so you gotta believe that his guys know what they are doing. Then again, do we believe that Bob knows what HE is doing? The jury is still out on that!
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Old 06-16-2017, 01:14 PM   #10
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Compulife Denied Prelim Injunctive Relief by Court Re: Compulife Denied Prelim Injunctive Relief by Court
Bob has a very weak case at best. If I were an agent named in the suit I would get together with the rest and share an attorney. My IP attorney is great and this case is a joke. If the agents getting sued (not naaip) each put in like $50 they could all share a great attorney. He'll, with enough, it might even go down to much less.
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