Thursday, May 19, 2016

Alcor Loses Appeal in Johnson Case

It just occurred to me that it has been several months since Alcor lost their appeal in the Larry Johnson/Vanguard Publishing case. Did they publish that bit of news on their news blog? I looked, briefly, but saw no mention of it. To be honest, I didn't look very hard...their "news" is just too much absurd nonsense, to me. I got through three short paragraphs of a story about the delivery of some dewars, which Alcor didn't have the equipment to unload, and the driver slept in his truck...REALLY???!!! No real news...just another exercise in literary "padding" of an extremely boring event, from the great minds who say they can preserve your brain and wake you up in the future. Oh...and last I checked, they wanted about a quarter of a million dollars to do it. They would appreciate being the primary beneficiary of your will, trust, insurance policy, annuity, etc., as well. Back to the court case...

The bottom line is: Essentially, the court found Alcor's case had no merit.

"As to its contention that it needs further discovery, plaintiff failed to demonstrate that facts essential to justify opposition to defendants' motions might exist but could not then be stated (see CPLR 3212[f]). Moreover, the record shows that plaintiff had, and failed to take advantage of, a reasonable opportunity to pursue the disclosure it now seeks.
The cause of action for aiding and abetting a breach of employment contract and certain provisions of a default judgment was correctly dismissed (see Hirschfeld v Daily News, 269 [*2]AD2d 248, 249 [1st Dept 2000]).
We have considered plaintiff's remaining arguments and find them unavailing."

 Congrats to Vanguard Publishing and their attorneys.

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