The Company also filed a motion for a temporary injunction. CBAI filed a motion to dismiss on the ground that CCMEX was an indispensable party to the action. After a hearing on January 14, 2011, the court granted the motion to dismiss, allowing the Company to join CCMEX to the action, and setting a hearing on February 25, 2011 on the Company’s motion for an injunction. {bullet points #'s below added by me}
On January 20, 2011, the Company filed an amended complaint
1. alleged tortuous interference with a business relationship by CBAI,
2. misappropriation of trade secrets and confidential information in violation of the Florida Uniform Trade Secrets Act by CBAI,
3. dilution of trademark in violation of Florida Statute Section 495.151 by CBAI,
4. common law unfair competition against CBAI, breach of license agreement by CCMEX and
5. unfair and deceptive trade practices in violation of the Florida Unfair and Deceptive Trade Practices Act by CCMEX and CBAI.
The amended complaint sought damages against CBAI and CCMEX and injunctive relief. After CCMEX was joined to the action, both defendants filed motions to dismiss, and the injunction hearing has been continued.
On March 18, 2011, the court granted the motions to dismiss filed by CBAI and CCMEX. The Company is currently evaluating its legal alternatives and will continue to vigorously enforce its contractual rights.
Wow, they filed a ton of complaints against CBAI and CMEX and CCEL LOST EVERY ONE OF THEM. That was a much BIGGER VICTORY for CBAI than I imagined.
CBAI has stated this publicly regarding the new lawsuit that CCEL has refiled: From Cord Blood America Investors Forum
Question: I know the original terms in court was that CBAI could not proceed to acquire CMEX without closing the court case first. Upon the new court filing by CCEL as of April 11, do we have to stay away from CMEX again until the case is closed or are we free to move forward? Thanks.
Matt Schissler: That case is closed. We won and we are moving forward.
I appears to me that CBAI and CMEX are not to worried about the refiling. After all, they kicked the crap out of the CCEL the first two times and will be glad to do it again. However, I have my doubts that the refiling will see the inside of a courtroom!
You can always tell an idiot, but you can't tell them much!
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