A community of 30,000 US Transcriptionist serving Medical Transcription Industry


Speaking of lawsuits, what happened to the one that - TransTech filed a while back? nm


Posted: Jun 18, 2011

nm

lawsuit - anonytoo

[ In Reply To ..]
Do you mean the one against the MT who post on this board? I haven't heard about that for a while.

The case was settled; they reached a resolution; according to public information - Be careful what you type

[ In Reply To ..]

This is all public information, so I hope the Moderator will not delete this.  Anyone can access this information from a government website.


Hopefully this will cause some posters to think twice before they type unsubstantiated comments about their present or former employer because they are mad at them right at that moment.  Once it is out there, it could be there forever.  


In case you do not remember the situation (or for people who never heard of it), TransTech took exception to some posts on MTStars by former (possibly even current) employees.  They were able to identify one person by legal name, but also identified 5 posters by their “monikers” that they had not yet identified by name.  The lawsuit was, therefore, against a total of 6 people.


Date filed: 07/08/2009
Date terminated: 08/25/2010


The lawsuit was filed on August 8, 2009 against defendants:


X X (named defendant)


and


Jane Does 1 – 5


Their claim was: 


The defendant(s) “published false or defamatory statements on a networking website in 2009.” “Jane Does 1 – 5 have posted on the MT Stars Internet Web site…”  “These defamatory posts have affected TransTech’s reputation in the industry and have damaged TransTech financially as well as by causing prospective employees not to pursue job opportunities with TransTech.”


Over a year later (and approximately 21 filings between the two attorneys), the final outcome was:


“TransTech and defendant X X have reached a resolution of the issues between and among themselves.  Therefore, TransTech desires to dismiss its claims against X X with prejudice to re-filing and desires to dismiss its claims against the Jane Doe defendants 1 through 5 without prejudice to re-filing.” 


In case you are not sure what the difference is between being dismissed “with prejudice” as opposed to “without prejudice,” here are the definitions:


WITH prejudice:  Premature termination of a court case under which a plaintiff is prevented from refilling it in the future on the same grounds. 


So, the lawsuit against the known Poster can never be filed again.  However, if TransTech ever finds out the legal names of the other 5 Jane Doe posters, they can file a lawsuit against them, until the statute of limitations expires. 


Pretty sad if you ask me.  TransTech, I am sure, has attorneys on retainer, but they still wasted a lot of time for, basically, nothing.  And, I image, even if X X had a relative who is an attorney or got a great fee reduction, it had to cost her some money and anxiety over that year. 


Just a cautionary tale to watch what you post on public message boards.  You never know when a company or even another person might decide to make an example of you.  Usually, they can afford it financially – most of us (dare I say ALL of us who post on this board) cannot. 


Please think before you type.  


Just my personal opinion.  


**********************


UPDATE:  Information/link provided by poster(s):


Moderator


The documents are public information and can be found on the PACER website:


https://pcl.uscourts.gov/view?rid=7ztYJtoVTlZ2POLrJtGNj9MqKvr3LFKyZOIoM4Cg&page=1


 


4:09-cv-02637 Transtech Medical Solutions LLC v. Williams et al Gray H. Miller, presiding Date filed: 08/14/2009 Date terminated: 08/25/2010 Date of last filing: 08/25/2010


 


History


Doc.


No.   Dates       Description


1    


Filed:      08/14/2009


Entered:    08/18/2009


      Docket Text Notice of Removal


 


Filed & Entered:        08/18/2009


      Docket Text Filing Fee Received


2    


Filed & Entered:        09/08/2009


      Docket Text Order


3    


Filed & Entered:        09/08/2009


      Docket Text Order for Initial Conference and Disclosure


4    


Filed:      09/09/2009


Entered:    09/10/2009


Terminated:       02/25/2010


      Docket Text Motion to Dismiss


7    


Filed:      09/16/2009


Entered:    09/17/2009


      Docket Text Statement


5    


Filed & Entered:        09/17/2009


Terminated:       09/17/2009


      Docket Text Motion for Extension of Time


6    


Filed & Entered:        09/17/2009


      Docket Text Order on Motion for Extension of Time


8    


Filed & Entered:        09/23/2009


      Docket Text Certificate of Interested Parties


9    


Filed:      09/28/2009


Entered:    09/29/2009


      Docket Text Certificate of Interested Parties


10   


Filed & Entered:        10/01/2009


      Docket Text JointDiscovery/Case Management Plan


11   


Filed & Entered:        10/05/2009


      Docket Text Scheduling Order


12   


Filed & Entered:        10/07/2009


      Docket Text Response to Motion


13   


Filed & Entered:        10/07/2009


      Docket Text Proposed Order


14   


Filed & Entered:        10/08/2009


      Docket Text Initial Disclosures


15   


Filed & Entered:        10/12/2009


      Docket Text Reply to Response to Motion


16   


Filed & Entered:        02/12/2010


      Docket Text ADR Status Report


17   


Filed & Entered:        02/25/2010


      Docket Text Order on Motion to Dismiss


18   


Filed & Entered:        03/12/2010


      Docket Text Answer to State Court Petition/Notice of Removal


19   


Filed & Entered:        08/13/2010


      Docket Text Initial Disclosures


20   


Filed & Entered:        08/25/2010


Terminated:       08/25/2010


      Docket Text Motion to Dismiss


21   


Filed:      08/25/2010


Entered:    08/26/2010


                Docket Text Order on Motion to Dismiss


 

Post - Moderator

[ In Reply To ..]
You need to add the link to this information if you want it to stay up on the board. Please contact me with the source.

Moderator
cher@mtstars.com

@Moderator - Thank you

[ In Reply To ..]

@Moderator


I used the REPLY BY EMAIL to send you the information. 


If you need other information, I can send that also. 


 

Remember, a settlement isn't an admission of guilt. - see message

[ In Reply To ..]
What this situation has done for me has made me decide I will never work for Transtech in any capacity. I have 30 years in the business and would be a valuable employee to them. However, I see this as a bullying and intimidation tactic on Transtech's part, and that doesn't fly with me. Companies that litigate like this don't get me or others like me who are wise enough not to touch them with a 10-foot pole.

it's a reminder, too... - noname

[ In Reply To ..]
of the concept of "substantiated" versus "unsubstantiated." If you think something unlawful's going on, you've got to keep copies of emails/logs of what you've noticed, etc. It's harder for suits to say you're just disgruntled if you can prove what you're complaining about is going on.
lawsuits and free speech - anon
[ In Reply To ..]
If someone is making false statements that can be proven false, that is one thing. But much of what is dicussed on these boards is our opinion about how we like working for companies. Are we safe in making those types of statements, or is that a risk also? Also, I have stated for instance that we have been micromanaged and frequently get nitpicked, is that considered libel? Just curious if anyone knows where the line is drawn here?
free speech - tter
[ In Reply To ..]
I'm certainly no lawyer, but I think opinions become liable when stated as facts and hurts their reputation. Like, if someone were to state that the company offshores (which they don't) or is being sold when they are not would be false information stated as fact. Liable would be if you said something to defame the company as a fact and it hurt the company.
libel - anon
[ In Reply To ..]
Thanks for the response, that was pretty much what I was thinking as well. If you give an opinion and state what has happened to you, as long as it is factual, that should NOT be anything you could be sued for. If you divulge company secrets, etc, that is a different matter.

Curious - (sm)

[ In Reply To ..]
Has it ever been disclosed how they identified the poster? I remember reading about this when it happened, but had forgotten all about it. I am familiar with the policy of MTStars, so was just curious if anyone knows how it happened, whether the person posted their identity themselves or posted information regarding circumstances that was so unique to their situation as to make them easily identifiable by the company, or something else entirely.


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