Tabberone's Hall of Shame - Kinsella Weitzman Iser Kump & Aldisert

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Kinsella Weitzman Iser Kump & Aldisert LLP
Hall Of Shame Member
Added May 24, 2007

Kinsella Weitzman Iser Kump & Aldisert LLP, of Santa Monica, California, represents the cosmetics manufacturer, Merle Norman, to whom we refer as Merle Nitwit. Seems Merle doesn't want his cosmetics sold on eBay. He wants to sell them to the public only through his strategically located and over-priced stores. But, Merle was having a problem with the First Sale Doctrine under copyright law which gives a person the right to resell a lawfully acquired item.
So, what to do about this quandry? It appears Merle Nitwit turned to Kinsella Weitzman Iser Kump & Aldisert LLP, of Santa Monica, California, and asked them to come up with something creative. And they did, bless their pointy little heads. They pulled Jennifer J. McGrath out of their collective ass and had her tell eBay to terminate perfectly lawful auctions claiming the resale of Merle Norman cosmetics violated FDA regulations!

When Jennifer McGrath was contacted and asked what FDA regulation was being violated, after four attempts she sent a rather snotty and vague reply telling the eBay seller to go look at FDA regulations for specifics. Huh? Jennifer, what would it have taken to give her the FDA regulation directly instead of being, can we all say, A BITCH? Bet you couldn't cite the FDA regulation, could you? Guess what? Neither could the FDA! The eBay seller got a definitive answer from the FDA and there is no federal prohibition against reselling cosmetics. Just a suggestion, Jennifer. Let your hair go back to it's original color and we think you might pick up 50 IQ points.

So what do we have here? Jennifer McGrath, a lawyer with Kinsella Weitzman Iser Kump & Aldisert LLP, of Santa Monica, California, deliberately lied to eBay when she told them the resale of the cosmetics violated FDA regulations. And, as of this posting, she is refusing to respond to calls from Greg Beck of the Public Citizen's Litigation Group in Washington, D.C. concerning the issue. Why, Jennifer? Afraid to talk to an attorney who will make you eat your lie? You are a good example of why the public holds corporate lawyers in such low esteem.
Kinsella Weitzman Iser Kump & Aldisert LLP, of Santa Monica, California, is added to our Hall of Shame because of this issue.

Weil, Screu, Yew, Over & Moore.

Rebuttals
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If you, or your company, have been referenced on these pages, and you would like the chance to post a rebuttal, we will post your rebuttal (provided it is in good taste) so others can read it. The rebuttal must be submitted in a format that can easily be converted into HTML. We reserve the right to alter the rebuttal to make it more readable. However, we will not alter the content (unless there is offensive material to be removed). We also reserve the right to comment on any rebuttal received. Emails protesting the content of this web site may be treated as rebuttals by us at our discretion.
We made this offer a very long time ago and as of July 2007, only AnimieHot.com, in our Hall Of Shame, has chosen to submit a formal rebuttal.