BSL 212 introduction to business law

Prestige Consulting, Inc. is a management consulting firm incorporated and headquartered in Nevada. UNeek Ventures, Inc., a company incorporated in Colorado and headquartered in Arizona, is the owner of BadBizzReport.com (the “Site”). The Site characterizes itself as a consumer advocate resource. Individuals accessing the Site can search for particular companies by name, or search specific industries or states. Site visitors may then read postings made by dissatisfied consumers explaining how they were allegedly ripped off by various companies. Visitors can also post their own comments about various companies. To post comments, visitors must register with the Site by providing identifying information such as a name, email and street address. Visitors to the Site can purchase a copy of the “Self-Help Guide: How to Get Business Scam Revenge” for $24.95. This book may be purchased with a credit or debit card through PayPal. The $24.95 price includes priority shipping to anywhere in the United States. The book has been sold to seventeen Nevada residents. Visitors may also make donations to the Site, which has received forty-seven donations from Nevada residents. Various individuals have posted negative comments about Prestige on the Site. These postings accuse Prestige, its officers and employees of fraud, corruption, theft, tax evasion, and use of illegal drugs. In response to these postings, Prestige files suit in federal district court in Nevada, alleging that UNeek is engaged in “Defamation/Libel” and seeking $5 million in damages and an injunction prohibiting UNeek from making, hosting, or transmitting false or misleading statements about Prestige, its officers and employees. UNeek immediately files a Motion to Dismiss. Will the motion be granted? Rules of Law: Identify and explain all applicable legal rules without discussing the facts. This is the previous exam, if you can do it, please contact me individually.