Aster Ends Court Battle with Giannetta

Aster Graphics Inc Ends their Court Battle with Giannetta

Aster Graphics Inc and Steven Giannetta have agreed to settle their claims against each other under terms that are confidential.

Previously, Aster Graphics Inc sued Giannetta for $1 million in damages for defamation and trade libel based on articles discussing Aster’s products  In response, Giannetta teamed up with attorney Mark L. Javitch to counterclaim against Aster under California’s laws that penalize litigants trying to use the courts to suppress freedom of speech.

Javitch then brought in Michael R. Williams, an attorney with over 20 years’ trial experience, to argue the anti-SLAPP motion.  But the judge denied Giannetta’s free speech argument.  Attorney Javitch said “Unfortunately, the judge was just not receptive to our arguments and he seemed to find the printer cartridge industry too obscure to be concerned with First Amendment Protection.  Even though we argued it was a matter of public health and we pointed to an HP LaserJet on his clerk’s desk, he was not moved.”

But Giannetta was not planning to quit there.  His attorneys filed a motion asking the court to reconsider its decision. If he lost that motion, Giannetta was planning to directly appeal the decision on Free Speech grounds. “I think we would have had a better shot at the appeals court level where the issue would be reconsidered by three judges who have time to study the issue closely,”  Javitch said.

But then, the conflict reversed course and the case settled.  Giannetta’s Attorney was pleased that the parties could finally sit down and agree to resolve their differences. “Now they can move on, and compete fairly in the marketplace,” Javitch said.

Aster Graphics Inc. dismissed the case on October 23, 2019.

You can read more about the earlier stages of this case:

‘King of Toner’ Slaps Back at Aster Graphics

Giannetta Requests Court Reconsideration

Aster Ends Court Battle with Giannetta