Today saw action in the court room regarding Fireclean’s federal lawsuit against suit against George Fennell and Steel Shield for false advertising. Fennell had petitioned the court to dismiss the case. However, presiding Judge Ellis saw enough evidence to go forward with the suit.
Consequently, Fireclean issued this statement on Facebook regarding this order.
FireClean LLC is pleased to inform its customers, dealers, and followers that Judge T.S. Ellis of the Eastern District of Virginia denied George Fennell and Steel Shield’s Motion to Transfer Venue and Motion to Dismiss this morning. Judge Ellis ruled that *all* of the Defendants’ false statements, including statements that equate FIREClean® to Crisco™ and Wesson™ oils, are actionable under principles of defamation and false advertising. The case proceeds.
We would like to thank everyone for their support and wish you a safe and happy Independence Day weekend!
Below is a copy of the order.
Fireclean has also filed a separate lawsuit against Vuurwapen Blog, its owner Andrew Touhy and Everett Baker alleging defamation for a sereies of articles published on Vuurwapen Blog regarding the Fireclean firearm lubricant.
In response, Andrew Touhy’s legal team has made a very compelling case that the current venue in Virginia is not where the trial should be held and have asked to have it dismissed. That question will most likely be settled by the court later this month.
Regardless, as Fennell implicated Tuohy in a Facebook post, the judge’s ruling in the Fennell case assuredly means that Tuohy will be included in the discovery phase of the Fennell case which should commence shortly. Consequently, efforts to stave off discovery in Tuohy’s suit look to be stymied.
