Legal Opinion

E. Coast Test Prep LLC v. Allnurses.com, Inc.

District Court, D. Maine

Decided January 29, 2018No. Civil No. 15–3705 (JRT/SER)PublishedCited by 11 opinions

1Opinion of the CourtJohn R. Tunheim, Chief Judge

This sprawling case is about defamation: a test prep company has sued a nursing discussion forum and five of its users for their mildly disparaging remarks about the company's offerings. Plaintiffs are East Coast Test Prep LLC, doing business as Achieve Test Prep, and its president Mark Olynyk (collectively, "ATP"). Defendants are Allnurses.com and David Smits (administrator of the estate of company founder Brian Short) (collectively, "Allnurses") and users Lisa Dukes and Uhura Russ.

ATP claims that "Allnurses secretly schemed to have false statements posted about ATP, using ATP's trademark,…

2Cases cited50 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  4. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  5. Scott v. HarrisSupreme Court of the United States · 2007

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3Cited by11 opinions

  1. Richard H. Tholen, M.D. v. Assist America, Inc.Court of Appeals for the Eighth Circuit · 2020
  2. Safeway Transit LLC v. Disc. Party Bus, Inc.District Court, D. Maine · 2018
  3. BCBSM, Inc. v. GS Labs, LLCDistrict Court, D. Minnesota · 2023
  4. Clancy v. Vacationaire Estates, Inc.District Court, D. Minnesota · 2019
  5. East Coast Test Prep LLC v. Allnurses.com, Inc.District Court, D. Minnesota · 2018

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