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Part of Rep. Dennis Kucinich's lawsuit against book publisher is dismissed
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Candidate
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| Contributor | Craverguy |
| Last Edited | Craverguy Jul 17, 2009 12:11am |
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| Category | Legal Ruling |
| Author | Sabrina Eaton |
| News Date | Wednesday, July 15, 2009 08:30:00 PM UTC0:0 |
| Description | A court in Los Angeles has dismissed fraud claims that Cleveland Democratic Rep. Dennis Kucinich filed against Beverly Hills-based Phoenix Books, which published his 2007 autobiography The Courage to Survive.
"The allegations are factually unfounded and Phoenix looks forward to shedding light on the truth," the publisher's general counsel, Mitra Ahouraian, said in a press release.
Kucinich's attorney, Stanley Lieber, said the fraud aspect of Kucinich's lawsuit was dismissed only because the person whom Kucinich says made the fraudulent representations - Phoenix's president, Michael Viner - has filed for bankruptcy, which exempts him from the fraud action filed in Los Angeles Superior Court.
Lieber said Kucinich's lawsuit will proceed on breach of contract grounds.
"We requested and demanded that they give us an accounting of all books sold," said Lieber, who represents several authors who say they were bilked by Phoenix Books. "They have never done that. That is part of their obligation."
Ahourarian said the fraud dismissal occurred "because Mr. Kucinich failed to establish facts sufficient to show fraud, not because Mr. Viner had (previously) filed personal bankruptcy."
"All charges (not just the fraud) against Mr. Viner were also separately dismissed not only because of the prior bankruptcy, but also Mr. Viner should never have been personally named, as he was acting as an officer of the company," Ahourarian said in an e-mail. "Any action against him personally would be unsuccessful irrespective of the bankruptcy as he was at all times acting as an officer of the company." |
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