Fantagraphics Responds To Ellison Suit

Attorneys for Fantagraphics, Inc., Gary Groth and Kim Thompson have filed a response to the complaint filed by writer Harlan Ellison. In short, they offer a blanket denial to Ellison's allegations:

"Defendants deny generally and specifically each and every allegation contained in Plaintiff's Complaint, and each purported cause of action therein alleged. Defendants further deny that Plaintiff has suffered damage in the amount alleged, or in any other amount, as a result of any actionable conduct by Defendants."

I'm not a lawyer, but the substance of the rest of the response, which outlines 32 affirmative defenses, seems to be that

a) the actions identified in Ellison's complaint are subject to constitutional protections, most significantly freedom of speech;
b) Ellison's complaint did not provide sufficient substantiation of either malicious intent on the part of the defendants or damage sustained by the plaintiff, and
c) That existing civil code prevents Ellison from filing a suit of this nature in the first place.

The defendants conclude by asking that Ellison's complaint be dismissed with prejudice and that the defendants be compensated for their costs and expenses, i.e. attorneys' fees.

Johanna Draper Carlson has some commentary on the response at Comics Worth Reading, and a discussion thread has been opened at The Comics Journal's message board.

this entry was written and its placement decided upon by David Welsh
 
posted 1:46 am PST | Permalink
 

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