Aster Defamation Case Against Giannetta Settled

Aster Graphics Inc. has dismissed its case against Steven Giannetta on October 23rd, with Aster and Giannetta agreeing to  settle their claims against each other in a confidential settlement.

Aster had sued Giannetta for $1 million in damages for defamation and trade libel based on articles published on the TonerNews website discussing Aster’s products. Aster had also sued TonerNews for defamation and libel, and that case has also been settled.

Giannetta then 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.

However, the court 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.”

In response, Giannetta’s attorneys filed a motion asking the court to reconsider its decision. However, both parties then decided to settle the case, with.Giannetta’s attorney seemingly pleased that the two could resolve the case: “Now they can move on, and compete fairly in the marketplace,” Javitch said.

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