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Court upholds Intercon suit vs. BAN

Aug 29, 2013 | 05:46 PM |

Tags  scrap, electronics recycling, Intercon Solutions, Basel Action Network, BAN, Jim Puckett, Virginia Kendall, Sean Davidson

NEW YORK — An appeal by advocacy group Basel Action Network (BAN) for the dismissal of an anti-defamation case filed against it by Intercon Solutions Inc. has been rejected by a federal judge.

U.S. District Court Judge Virginia Kendall also upheld Intercon Solutions’ lawsuit filed last year against BAN and its executive director, Jim Puckett, seeking damages for alleged defamation and false light, the Chicago Heights, Ill.-based electronics recycler said Aug. 28.

The lawsuit was filed last June (, June 29, 2012). It followed Seattle-based BAN’s accusation in July 2011 that Intercon illegally shipped containers of hazardous electronic waste to China. Some weeks later, Intercon claimed it had shipping documents that revealed it wasn’t the shipper (, July 29, 2011).

Intercon alleges that Puckett and BAN "acted out of malicious self-promotional reasons and to further advertise and market the ‘e-stewards’ brand at the expense of Intercon Solutions."

Regarding the latest development, Puckett told AMM that the judge simply ruled that the case can move forward.

"She ruled that a Washington state statute precluding suits that attack BAN’s ‘public participation,’ which BAN believes requires dismissal of Intercon’s entire suit, is not enforceable in a federal court. This conclusion departs from decisions already made in most other federal courts," he said. "This is not a big surprise, though. It simply means that we will be going to court and the case will be litigated."

The case will be heard again Sept. 9 in U.S. District Court in Chicago.

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