The Judge has asked for oral arguments on the motion to dismiss. In layman’s terms this means that the Judge wants the legal teams of both BookLocker and Amazon / BookSurge to come to Bangor and present their arguments in person.

If you recall, back in August Amazon / BookSurge lawyers filed a motion to dismiss (an expected legal move). Basically, the motion to dismiss is a formal petition to the court that BookLocker’s class action suit had no legal grounds and should, for that reason, be thrown out.

Requesting oral arguments gives the Judge the opportunity to ask questions of the lawyers on both sides and to understand better the issues involved before ruling on the motion to dismiss.


Comments

Name (required)

Email (required)

Website

Speak your mind

12 Comments so far

  1. Mari Bushman on January 14, 2009 8:12 am

    I hope your legal team can keep the discussion on point. And I say that because, having read Amazon’s motion to dismiss, their desire to obfuscate the issue with meaningless sidetracks to pointless ends is clearly evident.

    All I can say is I’m pulling for you.

  2. Micke Jinks on January 14, 2009 1:27 pm

    thank you, again, for all your efforts in this lawsuit, and for protection for your (and other) writers! Many are in agreement with you in this matter.

  3. William Penrose on January 14, 2009 3:41 pm

    The motion to dismiss happens in nearly every lawsuit. It’s relatively cheap, and gives a judge a chance to dump frivolous lawsuits. Remember, it can be reversed if necessary.

    While suing an insurance company, we were astounded when a judge granted a motion to dismiss with prejudice (ie, go home and don’t come back). The defendant had found some obscure provision of ERISA that seemed to make them immune to the suit.

    We had that reversed eventually, but it wasn’t quick and it wasn’t cheap.

    Keep on truckin’ and good luck.

  4. maggy on January 14, 2009 5:14 pm

    I like to quote Pat Buchanan (of all people)on multinational corporations like Amazon.com, which he defines as “amoral behemoths”–and Buchanan is, most of us know, a right wing conservative. He’s not the left-wing liberal one would expect to voice this anti-corporate sentiment. It comes out of his Jesuit education–Amazon.com and the multi-nationals ARE amoral. Nothing matters but the bottom line and growing ever and ever bigger.

    We live in a country with a moral foundation–the Declaration of Independence and the Constitution–that is increasingly RUN BY amoral monster corporations. This is at the core of the current economic disaster. In this case of Booklocker vs Amazon.com, Amazon’s lust to control all aspects of publishing is an attack on a vibrant part of America’s publishing scene, ths small independent publisher and its survivability.

    Give us a break, for God’s sake! Don’t they ever have ENOUGH?

    maggy
    cape canaveral FL

  5. Jerry Murray on January 15, 2009 3:08 pm

    As the owner of a blog site that brings in hundreds of new visitors daily, I had read with keen interest this story.

    You see, I have (HAD) Amazon dot com as an advertisor on my site. I then read an article in the Brit paper (The Times) about how they treated their employees in the UK.

    That was all I needed, I pulled their ads and wrote a piece about why I did it.

  6. Jim Smith on January 16, 2009 12:20 am

    Way to Go Angela and Richard.
    Prayers for your win (prevailing).
    If yo prevail, the next step is they will try to “Summary Judgment you!”
    Stay strong,and be blessed.

  7. Duygu Kivanc on January 16, 2009 8:12 am

    Many of us are in agreement with you in this matter.Thank you for all your efforts to protect us,writers’rights.

  8. Bruce Atchison on January 16, 2009 1:51 pm

    Though I’m a conservative, I find this bullying tactic of Amazon’s management to be inexcusable. Monopolies are just the same as dictatorships when it comes to restricting the customer’s freedom of choice. Competition, not monopoly, is what has made western nations wealthy. Like Hitler’s Enabling Act of 1933, Amazon wants no competition from companies which might actually do a better job than they can.

  9. Stacey Kannenberg on January 19, 2009 4:58 am

    Amazon’s compassion is best summed up as, “Amazon grew at express speed and profits were waived for the sake of growth to make it impossible for others to duplicate their achievement.” The mantra was “Eat another hot dog, get big fast!” (http://www.internet-story.com/amazon.htm)

    God Speed, Angela and Richard, may you hold them accountable for them proudly, making it impossible for others!

  10. Stan on February 4, 2009 4:39 pm

    I hope your side prevails and that the judge will be able to cut through all the legalese and give you a verdict that will justify your action actionst Amazon.

  11. Robert Hill on February 4, 2009 10:45 pm

    You are standing for principle, honor, and justice. May you be strong. May the judge be wise, firm, and fair. You are heroes. — Bob

  12. James (Jim) Little on February 9, 2009 2:24 am

    Richard & Angela:

    Prayers are for you on Monday! God Bless you.

    Jim Little