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  • Super User
Posted

FLW is taking one of their own to court.

I would like some feedback.   Would this be one of the first cases to go to court over some comments posted on a forum?  or Blog?  Slander????

http://www.twincities.com/ci_7726084?IADID=Search-www.twincities.com-www.twincities.com&nclick_check=1

You can read it from the newspaper.

Hookem

  • Super User
Posted

You need to register and I don't register very often.

Can you cut and paste the article for us to read?

I would love to see what is going on.

Thanks.

  • Super User
Posted

Angler, fishing group at odds over tournament prize money

Lawsuit claims pro fisherman made threats; he says he never received his winnings

BY EMILY GURNON

Pioneer Press

Article Last Updated: 12/14/2007 11:37:33 PM CST

Troubled waters in the fishing world have splashed over into federal court, where a Minneapolis-based group has filed suit against one of its anglers.

Operation Bass Inc., also known as FLW Outdoors, puts on fishing tournaments. It has sued Perry Johnston, a North Carolina fisherman who has participated in them, saying Johnston "publicly and privately impugned the integrity" of its tournaments.

The group also says he threatened to sue them if it did not comply with his "extravagant" demands, according to the suit filed Thursday in U.S. District Court in Minneapolis.

Johnston, a professional kingfish angler, has "accumulated a series of perceived grievances" against FLW - a group founded by wealthy Minneapolis financier Irwin Jacobs.

Reached at his home in Oak Island, N.C., Johnston said: "They don't have any grounds to sue me for anything."

Dave Washburn, vice president of communications for FLW, declined to elaborate on the suit.

According to the complaint in the case:

Johnston, 45, finished sixth in one of FLW's qualifying kingfish tournaments. He then lodged a protest that the captain of one of the top five boats had not been on board and that that violated tournament rules. He lost money as a result of that decision, he alleged.

FLW determined that no violation had occurred.

Johnston was not satisfied. He demanded a three-year deal that included payment of all of his kingfish tour entry fees, a sponsor-wrapped boat and free use of a

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Chevrolet Suburban, the suit says.

The organization said, in effect, "Sorry, Charlie."

Johnston later complained that the group was guilty of fraud and false advertising when it failed to give him the money he'd won in the 2007 championship event.

FLW sent him the money via check, the lawsuit says.

But Johnston allegedly did more than just talk. He posted comments about FLW on a boating Web site called "The Hull Truth," according to the suit.

It quotes Johnston as writing on Nov. 10 that the supposed nonpayment of the prize money "will prove to be a big mistake for the FLW organization. In 12 days, the FLW (and) ALL THEIR SPONSORS for this event will be served with a lawsuit ... GEE I WONDER HOW KELLOGG'S, PROCTOR & GAMBLE, DURACELL and the other sponsors are going to like a lawsuit they receive concerning the FLW stealing prize monies from the fishermen?"

Johnston said he does little if any blog writing. He also said he did not make threats.

Johnston confirmed that he is in the process of suing FLW.

FLW has a solid reputation nationwide, according to Barbara Thompson, editor of Texas-based FishingWorld.com. "They've put the opportunity to win reasonable money into the hands of ordinary, everyday, weekend fishermen."

Thompson does not know Johnston or the details of the dispute. But she said it was unlikely that an organization of FLW's caliber would pull the kind of antics that Johnston alleges.

"I'd be inclined to say he's a little out in left field, myself," she said.

  • Super User
Posted

Does not sound like the FLW I know...This guy may have a gruge against someone in the organization. He's decided to pick on some real heavy weights. I don't see a chance of this going any furthur.

  • BassResource.com Advertiser
Posted

I grew up on Oak Island....This does not supprise me at all..

As a group they are not very bright....

  • Super User
Posted

As I read the article, It appears the guy wrote some remarks on a boating blog,   FLW didn't like it.

Maybe Glenn would weigh in his opinion on this one.     Is this kinda like slander over the internet?    Most might think the first admendment should protect this guy.

   Would this case be a first?   I will assume, that by entering a FLW tournament, you agree on certain principals.   Like no negative press.

I guess I should read all the rules to seek some of my answers.

 

Posted

It would be considered "Libel" not "Slander" because it was done in a way that can reach a very large audience (the internet). Slander is when an untruth is "spoken". My Business Law courses in college were ones I actually paid attention in.  :)

JT Bagwell

Posted

Taken directly from the Rules on the FLW Kingfish site that you agree to when you register for tournaments:

7. Sportsmanship

All team members are required to follow high standards of sportsmanship, courtesy and conservation and to conduct themselves in a manner that will be a credit to themselves, to FLW Outdoors, FLW Outdoors' sponsors, the sport of fishing and FLW Outdoors' efforts to promote the sport. Examples of conduct not complying with those standards include, but are not limited to, the following:

Violation of, or failure to comply with, any of the official rules for the 2007 Wal-Mart FLW Kingfish Tour.

Consumption of alcoholic beverages or any kind of mind-altering substance during registration, captain's meeting or during tournament hours extending through the awards presentation.

Abuse of, or addiction to, mind-altering substances.

Conviction of a felony within the past 36 months.

Suspension/disqualification from any tournament or fishing organization.

Any other words, conduct or actions (including and not limited to discussion forums and internet sites) reflecting unfavorably upon efforts to promote safety, sportsmanship, fair competition and compliance with the tournament rules, or which fail to comply with these standards set forth in the first sentence of paragraph 7.

B

  • Super User
Posted
There it is in black and white. This guy just screwed himself.

Exactly.

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