Contact: Ram Avrahami Address: 1001 N. Randolph/#110 Arlington, VA 22201 Telephone:(703) 908-9125 Facsimile:(703) 908-0186
ARLINGTON, NOV. 27, 1995 -- Judge Karen Henenberg of the Arlington County General District Court denied today the request of the defense to stay the law suit filed by Ram Avrahami on July 21 this year against U.S. News & World Report, for using his name for purposes of trade without permission. The Judge, however, did grant the Motion for Continuance filed by the defense six days ago, the basis for which was the inability of Counsel for USN&WR to appear in Court today.
Counsel, David G. Fiske and Michael J. Wendorf, of Shaw, Pittman, Potts & Trowbridge, who eventually did appear in Court, claimed that even though they were hired a month and a half ago, they did not have enough time to prepare for the case due to other obligations. The judge decided, in the benefit of justice, to accept the request of more time, and the trial was rescheduled to February 6, 1996.
The Judge rejected the attempt to avoid hearings in this case altogether, asked by the defense until a higher Court hears a separate motion filed by US News & World Report. Jonathan Dailey, Counsel for the Avrahami, has also objected strongly to the attempt of the defense to include in their arguments the publicity that the case received, as an attempt to infringe his client's free speech. Dailey had already filed an opposition to USN&WR's motion in the Circuit Court, and hearings on that motion may start as early as mid December this year.
Avrahami said that he is a little surprised that the Court gave more time to the defense. "I can't imagine why a large magazine and one of the largest law firms in the Washington D.C. area can not be ready on time to a trial day which is known more than three months in advance", he said. "The attempts of the defense to delay the trial and deny publicity show that the direct marketing industry does not understand the frustration that many consumers feel, because of the misappropriation of their names and the unrestricted soliciting that result from it."
"At the end", Avrahami added, "after all procedural delays are exhausted, there would still need to be a substantive answer to why a magazine can, without permission, sell or trade the names of its subscribers."
Ram Avrahami is represented by the Law Offices of Jonathan C. Dailey in Washington D.C. (telephone 202-496-1290, fax 202-496-9620).