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Thread: PublishAmerica, LLLP (Publish America) v. Lightning Source Inc. (LSI)

  1. #1
    Your Genial Uncle Absolute Sage James D. Macdonald's Avatar
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    PublishAmerica, LLLP (Publish America) v. Lightning Source Inc. (LSI)

    PublishAmerica's complaint

    Lightning Source's answer and counterclaim.


    Dockets and filings at Justia.com.

    Case number 3:2010cv00108

    Tennessee Middle District Court

    Senior Judge John T. Nixon, presiding

  2. #2
    aka Sadistic Mistress Mi-chan M.R.J. Le Blanc's Avatar
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    And look who's repping PA: http://lawyers.justia.com/search?que...+Swen+Leathers

    Car accidents, workers' comp and injury law. Somehow I can envision this being like shooting fish in a barrel for the lawyers repping LS, who I hope were smart enough to hire the proper lawyers.
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  3. #3
    Hakuna Matata Little1's Avatar
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    *grabs her popcorn and waits for updates*
    In Progress:
    Prince$$ Ti@ of Alumin@ Querying :S

  4. #4
    Still a work in progress
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    LSI's attorney

    George H. Cate III

    http://www.nealharwell.com/attorneys.cfm?currbio=21

    Areas of Practice:
    Commercial & Business Litigation
    Intellectual Property Litigation
    Employment Litigation
    Insurance Litigation
    Banking Litigation
    Products Liability/Tort Litigation

  5. #5
    figuring it all out Elisabeth Bruce's Avatar
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    And PA didn't pay the LSI bill? WOW - PA's lawyers must be going berserk.
    I care, I just care. Today you are on my list.

  6. #6
    Shakespearean Fool DreamWeaver's Avatar
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    Hope PA's lawyers didn't take the case on contingency .
    Why doesn't George R. R. Martin use Twitter? He already killed off all 140 characters.

  7. #7
    Writer Beware's Faithful Igor Richard White's Avatar
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    Did anyone note most of this current "situation" started once Wilhelm left?

  8. #8
    aka Sadistic Mistress Mi-chan M.R.J. Le Blanc's Avatar
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    Guess he smelled the smoke and bolted. Probably the first good thing he's done in years.

    Or he's the one that made the mess, and isn't sticking around to clean it up.
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  9. #9
    Cinnamon, sit. Bad fish! C.M. Daniels's Avatar
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    It's about time some of PA's crap finally caught up with them.
    Published Shorts:
    Imagining Cape Henlopen-- Transcendent Visions 2007
    Tendril of the Mind-- Trail of Indiscretion #9 May 2008
    Recall the Executioner--Abaculus Anthology 2008, reprint--Aoife's Kiss, forthcoming September 2010
    Life After--Golden Visions, April 2010
    Milking the Station--Ghostlight #1 Fall 2009
    Learning Curve--Kasma Magazine, Spring 2010

  10. #10
    aka Sadistic Mistress Mi-chan M.R.J. Le Blanc's Avatar
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    I know. LS has the balls and the cash to go toe-to-toe with them. Do you think it's possible PA's accounting could get called in to be examined in a case like this?
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  11. #11
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  12. #12
    Mah tale iz draggin. CatSlave's Avatar
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    Interesting that PA lists its address as 230 East Patrick Street.
    That's their old address prior to moving to the Church Street townhouse.

    How PA treats its authors: Oh, stop the whining and contact support@publishamerica.com like everyone else.

    PA authors CAN fight back. File a complaint with your credit card company.

    Have a question? Who can you trust? Absolute Write, Writer Beware and Preditors & Editors

  13. #13
    Mah tale iz draggin. CatSlave's Avatar
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    Quote Originally Posted by Marie Pacha View Post
    Gonna make it difficult for the authorities to catch him if he's globe-hopping.

    Miranda+Larry: What's that you're holding...a bag?

    How PA treats its authors: Oh, stop the whining and contact support@publishamerica.com like everyone else.

    PA authors CAN fight back. File a complaint with your credit card company.

    Have a question? Who can you trust? Absolute Write, Writer Beware and Preditors & Editors

  14. #14
    The King and Queen of Cheese BenPanced's Avatar
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    Willem's probably going to get dragged back into it, whether he likes it or not.

    He signed the original contract with LSI.
    I still poop rainbows.

    I won't steal any of your ideas. I have enough of my own I'm not using.


  15. #15
    Mah tale iz draggin. CatSlave's Avatar
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    The phone number at 230 East Patrick St. is 301 228-2705.
    The answering machine says "Publish America."

    ...just in case anyone is having trouble reaching them by their regular phone number.
    Last edited by CatSlave; 03-12-2010 at 07:34 AM.

    How PA treats its authors: Oh, stop the whining and contact support@publishamerica.com like everyone else.

    PA authors CAN fight back. File a complaint with your credit card company.

    Have a question? Who can you trust? Absolute Write, Writer Beware and Preditors & Editors

  16. #16
    aka Sadistic Mistress Mi-chan M.R.J. Le Blanc's Avatar
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    Quote Originally Posted by BenPanced View Post
    Willem's probably going to get dragged back into it, whether he likes it or not.

    He signed the original contract with LSI.
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  17. #17
    volitare nequeo AW Moderator veinglory's Avatar
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    Um, seems to me that LSI is not exactly blameless here, by their own admission.
    Emily Veinglory

  18. #18
    aka Sadistic Mistress Mi-chan M.R.J. Le Blanc's Avatar
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    Maybe, but I think it probably comes down to who's the lesser of two evils, and who ends up having to pay the most. Because while this may settle in a verdict that sees both LS and PA having to pay money, if PA owes LS more the judge will likely just take out what LS owes from PA and they'll have to pay the difference. So PA could still lose even if LS isn't immaculate.
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  19. #19
    volitare nequeo AW Moderator veinglory's Avatar
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    After reading the papers, in this exchange, LSI seems more in the wrong than PA--including the gross financial amount involved. I mean PA didn't pay the bill, but if their claims are substiantial they don't have to and are also due payback. PA did, after all, bring this case.
    Emily Veinglory

  20. #20
    Shakespearean Fool DreamWeaver's Avatar
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    Don't you think publishers normally ask for physical returns so they can resell them? I know we get a lot of returns that in their second life are retagged as bargain books. What publisher in their right mind wouldn't want new books instead of old? Plus, many returns are pristine, so that's not a reliable way to see if returns accounting is correct or not. One really needs to look at the accounting records--of both entities. I'm really, really hoping that's what happens, because LSI accounting books are probably correct (huge returns for PA on unsold books for author signings) and PA's accounting books--well, considering their rep for messed up royalties, the chances their books are in good shape aren't high.

    Or maybe I'm just overthinking this.
    Last edited by DreamWeaver; 03-12-2010 at 07:42 AM.
    Why doesn't George R. R. Martin use Twitter? He already killed off all 140 characters.

  21. #21
    volitare nequeo AW Moderator veinglory's Avatar
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    They explain that in their case. The wanted to audit the returns because they felt they were being ask to pay for returns that they shouldn't. And LSI admits they were in fact correct in those suspicions. LSI conceded they were charging PA for returns on book LSI never sold in the first place.

    I am no more fond of PA than anyone, but I suggest reading the documents before assuming they are in the wrong here. LSI concedes that PAs case is in many cases correct here. They did accept and charge for non-wholesale returns that they shouldn't have. LSI are openly admitting they are at least partially in the wrong--they made some statements that were not accurate and were in breach of part of their contract.

    Without knowing how much of the charge was justified, why would PA pay the whole bill?
    Last edited by veinglory; 03-12-2010 at 07:49 AM.
    Emily Veinglory

  22. #22
    volitare nequeo AW Moderator veinglory's Avatar
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    And one thing you can say about con men, they tend to notice when they are being conned. Suspicious minds and so forth.
    Emily Veinglory

  23. #23
    Shakespearean Fool DreamWeaver's Avatar
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    Quote Originally Posted by veinglory View Post
    I am no more fond of PA than anyone, but I suggest reading the documents before assuming they are in the wrong here. LSI concedes that PAs case is in many cases correct here. They did accept and charge for non-wholesale returns that they shouldn't have. LSI are openly admitting they are at least partially in the wrong.
    And I interpreted that as LSI admitting that they returned everything that was returned to them, implying they couldn't tell (or couldn't tell easily, so didn't try) who printed/sold which book. I expect the details will come out at trial, if it ever gets there. I am not holding my breath. You could certainly be right, or it may be a technology point that needs to be addressed.

    My main sticking point was the idea that they would expect returns to look crappy, which may happen but mostly doesn't. It's not like readers bought them, took them home, read them, and then returned them. Most probably they sat in a stack for a signing, then sat on a shelf untouched for another period of time, then in their virgin untouched state were repacked and sent back (been there, packed the boxes, should have the T-shirt). Where, evidently, it was cheaper for LSI to pulp them and print new ones than to do whatever they needed to do to send the originals to PA.

    On the other hand, perhaps a bunch of PA authors had wildly successful signings where they sold dozens of books, which LSI then reprinted and claimed as returns. If so, where are the happy 'I had a great signing' posts on the PA board?
    Last edited by DreamWeaver; 03-12-2010 at 08:01 AM.
    Why doesn't George R. R. Martin use Twitter? He already killed off all 140 characters.

  24. #24
    Comic guy Bartholomew's Avatar
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    I'd prefer to see The People v. PublishAmerica, LLLP.

  25. #25
    volitare nequeo AW Moderator veinglory's Avatar
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    Quote Originally Posted by DreamWeaver View Post
    And I interpreted that as LSI admitting that they returned everything that was returned to them, implying they couldn't tell who printed which book. I expect the details will come out at trial, if it ever gets there (I am not holding my breath). You could certainly be right, or it may be a technology point that needs to be addressed.
    If you read LSIs response in full you see which paragraphs they admit are true. Including that they signed a contract stipulating that only wholesale returns would be charged, then charged all returns regardless of orgin. Which is pretty outrageous, really.

    LSI admits they even took as return books sold by PA, so PA was paying a refund to LSI when LSI hadn't sold the book in the first place. Unless LSI can allow an accurate audit, how can they charge a fair fee?
    Last edited by veinglory; 03-12-2010 at 07:55 AM.
    Emily Veinglory

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