Giannetta Requests Court Reconsideration

Giannetta Requests Court Reconsideration

Having lost his motion to dismiss a case brought against him by Aster Graphics at the Superior Court of the State of California Orange County on August 1, Steven Giannetta has filed another motion for reconsideration of the ruling made.

Back in April, Aster sued Giannetta, among others, seeking at least US$1 million in damages, claiming Giannetta had posted false and defamatory articles about Aster on social media and other media. In response, Giannetta said he was simply exercising his right to free speech. He posted articles about published scientific reports that revealed the toner in Aster’s printer cartridges had tested positive for elevated rates of decaBDE and were banned in the European Union. According to Giannetta’s attorney, Aster’s motion was all about censoring Giannetta’s statements which allegedly expose Aster. On August 1, Giannetta’s counter-motion was denied by the Superior Court of the State of California Orange County because printer cartridges containing toxic chemicals are not an issue of public concern.

“The case should be reconsidered,” attorney Mark Javitch argues in the motion. “New or different facts or circumstances have been discovered since the date of the order in that the EPA has formally requested public comment on decaBDE, the very issue on which the court had to determine whether it was an issue of public concern.”

The motion will be based on this Notice of Motion, the attached Memorandum of Points and Authorities, the concurrently-filed declaration of Mark Javitch, including attached Exhibits, and Request for Judicial Notice, on the papers and records on file in this action, and such oral and documentary evidence as may be presented at the hearing.

Learn more about the USA taking DecaBDE action

• About the proposed rule;
• Document: “Environmental and Human Health Hazards of Five Persistent, Bioaccumulative, and Toxic Chemicals”;
• Document: “Exposure and Use Assessment of Five Persistent, Bioaccumulative, and Toxic Chemicals”

Read our previous story ‘King of Toner’ Slaps Back at Aster Graphics

Should Giannetta Requests for Court Reconsideration be successful?