LabMD Inc. v. Boback, 2022 U.S. App. LEXIS 24413 (3rd Cir. August 30, 2022) (Jordan, C.J.) It is really a complex case. LabMD alleges that Tiversa, Boback and Johnson violated various laws, including RICO. It is alleged that they lied about how and where Tiversa found a file, supposedly of compromised names so as to induce LabMD to purchase Tiversa’s incident response services. Secondly, it is alleged that by using the file of names in Johnson’s research paper on data leaks in the medical field, and third by turning it over to the FTC after Lab refused to hire Tiversa, they committed business torts. The District Court dismissed the RICO claims of being time-barred and the Circuit Court agreed with that conclusion. The court went through the elements of a RICO claim. It is claimed by LabMD that Tiversa used fraudulent representations to cause the FTC to investigate and bring an enforcement action against LabMD, which ultimately shut down LabMD. The court looked at when this all occurred, and said that LabMD knew or should have known by 2010 that Tiversa was the source of injuries flowing from the FTC’s…
DEFAMATION-BUSINESS DEFAMATION
September 15th, 2022 by Rieders Travis in Defamation