| London
Luxury Was Denied a TRO in Malaysia PPE
Dispute Then Threatens to Sue Press
By Matthew
Russell Lee, Patreon Maxwell
Book
BBC-Guardian
UK - Honduras
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NY
Mag
SDNY COURTHOUSE,
May 27 – London Luxury LLC
sued HSBD in a dispute over
payments related to PPE
gloves.
On May 26, U.S.
District Court for the
Southern District of New York
Judge Katherine Polk Failla
held a proceeding to rule on
London Luxury's request for a
TRO. Inner City Press covered
it, here.
After Inner City
Press published its short
report of the denial of the
requested TRO, London Luxury,
whose CEO is listed as Marc Jason,
had a lawyer write to the
Press with a legal threat:
"Kenneth Hayes at
epsteinostrove dot com via
epsteinarlenostrove.onmicrosoft.com
12:59 PM (14 minutes ago) to
Matthew Lee at innercitypress
dot com and Elliot Ostorve at
Epstein Ostrove dot com
Mr.
Lee: I
am writing to follow-up on my
voicemail of a few moments
ago. This firm
represents London Luxury
LLC. London Luxury
hereby demands that the
article posted by Inner City
Press concerning yesterday’s
hearing be retracted and
removed immediately. The
article is fundamentally
erroneous. London Luxury
commenced a lawsuit to stop a
drawdown on a letter of credit
being held by HSBC. The
article does not reflect this
very important distinction
and, therefore, is most
inaccurate.
We trust that Inner City Press
desires to report the new
accurately and, therefore,
will withdraw the article
immediately without the need
for litigation."
Consider it
a letter to the editor. While
not required, here's a quote
from the amended complaint:
"In connection with
Plaintiff's efforts to source
PPE from manufacturers in
Malaysia, a line of credit was
established with Standard
Chartered Bank. The line of
credit was originally in the
amount of $4 million and later
reduced $2 million....
Plaintiff obtained a standby
letter of credit from
Defendant [HSBC]... upon
information and belief Ms Laas
access the line of credit for
the purpose of paying
herself."
There, was that
so difficult? What kind of
company immediately threatens
to sue over a published report
that it was denied a TRO?
Maybe a refresher on the First
Amendment - and anti SLAPP law
- is required.
Judge Failla
recounted that no irreparable
harm had been shown, nor
likelihood of success on the
merits.
Nevertheless, she
said she would stay her
decision for 24 hours to allow
appeal to the Second Circuit,
or longer if the parties write
to her. More has happened, and
now we will continue to follow
this case.
The case is
London Luxury LLC v. HSBC Bank
USA, N.A., 22-cv-4235
(Failla)
***
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