Press Release
Motion to dismiss granted by Denver District Court
DENVER, February 11, 2016 — Today, the Denver District Court notified LivWell Enlightened Health, Colorado’s leading cannabis retailer, that it dismissed a putative class action lawsuit filed by Brandon Flores and Brandie Larrabee. The lawsuit, which was filed in October 2015, was viewed by many as factually and legally flawed.
“Consistent with our previous statements, this case was nothing but an improper and abusive attempt to injure our business,” said Dean Heizer, chief legal strategist for LivWell Enlightened Health. “As the court noted, ‘plaintiffs cite[d] no cases supporting their position,’ and the case lacked both factual and legal merit. We are currently considering our options, which include pursuing the plaintiff’s counsel and their clients for attorneys’ fees, costs and abuse of process. We look forward to continuing to provide wholesome products to our patrons, and we thank the thousands of patients and customers who supported us through this process.”
The motion to dismiss was filed in late November of 2015, but was not actually ripe for review by the Court until January 2016. The plaintiffs claimed they had been “damaged” because they allegedly overpaid for the cannabis in light of their allegation that it was treated with a fungicide. The Court disagreed and found that “there are no allegations that the product did not perform as it was supposed to, and indeed the Complaint alleges that Plaintiffs consumed the product.” As a consequence, the Court ruled that the plaintiffs failed to prove any injury as a result and dismissed the case entirely.
“We have felt all along that this lawsuit was a public relations ploy intended to smear our name,” said John Lord, owner and CEO of LivWell Enlightened Health. “The people behind this case do not want the commercial cannabis industry to succeed and will try anything to bring down the industry. We remain committed to following all state and local regulations, and to providing our customers with the best product, value and shopping experience in the state.”
About LivWell Enlightened Health
Rob Meagher, CBE’s Founder, President and Editor-in-Chief is a 30 year veteran of the media world. His career has spanned from stints representing the Washington Post, USA Weekend, Reader’s Digest, Financial World & Corporate Finance to the technology world where he worked at International Data Group and Ziff Davis where he was part of the launch team for The Web Magazine, Yahoo Internet Life, Smart Business and Expedia Travels before starting his own marketing and Publisher’s Representative Firm. He also ran all print and online media sales and marketing for the Society for Human Resource Management before partnering with Forbes and then Fortune to create Special Sections covering a variety of topics. Rob, who started CBE Press in 2014, can be contacted at [email protected].
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