An LA Superior Court judge has dismissed the fraud portion of Dennis Kucinich’s lawsuit against Phoenix Books over the publication of his 2007 book THE COURAGE TO SURVIVE. Kucinich’s attorney says it was because the alleged to have made the fraudulent representations, company president Michael Viner, has filed for bankruptcy, which exempts him from the fraud action. Kucinich’s claim of breach of contract against the company goes forward. Attorney Stanley Leiber says, “We requested and demanded that they give us an accounting of all books sold. They have never done that. That is part of their obligation.”
General counsel for Phoenix Mitra Ahouraian says that “Kucinich failed to establish facts sufficient to show fraud” and Viner would have been exempt personally anyway since he was acting as an officer of the company.
In other legal news, a New Jersey judge found that there were not sufficient grounds for a trial in Donald Trump’s libel claims against the book TrumpNation’s assertions that he is worth only $150 million to $250 million. The judge said Trump had not shown “clear and convincing evidence to establish malice” and dismissed the case. The judge also ruled that O’Brien was an independent contractor and relieved HBG of liability.