A judge has dismissed three of the claims in a lawsuit over a Nevada woman's allegedly disparaging comments about an eBay seller -- but attorneys continue litigating remaining issues in the complaint including a count of defamation.
The lawsuit, filed in Clark County District Court in Las Vegas on June 24, has attracted the attention of some eBay participants by highlighting the issue of how much freedom eBay buyers should have to publicly complain about purchases they make on the online selling exchange.
Nikki Foote of Henderson, also known as Kristy Cunningham, was sued over comments Foote allegedly publicly posted on eBay as user "nikki809" charging that the Gucci handbag she purchased for $495 was a fake.
The seller, Ruhanieh Badii of Austin, Texas, insists the bag is authentic and says the comments have hurt the eBay trading business that is her livelihood.
District Judge Douglas Herndon last month dismissed counts in the lawsuit alleging unjust enrichment, conversion and deceptive trade practices and gave Badi'i time to file an amended lawsuit.
Badi'i and her husband Faris Badi'i, who initially had no attorney in the case, hired Las Vegas lawyer Rebecca Teale Balint, who on Dec. 14 filed an amended suit asserting claims of breach of contract, breach of the implied covenant of good faith and fair dealing, defamation and portraying the plaintiffs in a false light.
The Badi'is continue to assert that eBay will not remove the "false and disparaging comments" from its feedback system without a court order or the consent of Foote/Cunningham.
The new suit also charges that Foote/Cunningham created a claim with Paypal falsely asserting the handbag was an imitation and that Paypal then confiscated from the Badiis $506.95 -- the cost of the bag including shipping and handling -- and refunded that money to Foote/Cunningham.
"Ms. Foote and/or Ms. Cunningham never intended to pay plaintiffs for the handbag and instead engaged in this ruse to obtain a luxury handbag from plaintiffs for free," the suit charges, adding Foote/Cunningham eventually agreed to return the handbag at issue after being sued.
The new suit seeks unspecified general and punitive damages and an order requiring the allegedly disparaging comments to be removed from eBay.
A Las Vegas attorney for Foote/Cunningham, Julie Sanpei, filed a response Dec. 28 denying the allegations and stating: "Defendants did not either knowingly, in reckless disregard or negligently make an allegedly false allegation against plaintiffs."
Sanpei couldnt immediately be reached for further comment.
Faris Badii said Friday that Foote/Cunningham sent the Badiis a box supposed to be containing the returned handbag, but that the Badiis have not yet opened it and only plan to do so with witnesses present or under court supervision so as to prevent any disputes as to what is in the box.
He said that for him, the lawsuit is not about whether fair criticism of eBay sellers should be allowed.
"This is about the fact she posted false information," he said.
