The Libel Suit? It is On
Individuals who are, or once were, associated with PublishAmerica are suing the Preditor & Editors site for libel. Barbara Bauer is an agent who claims that P&E libeled her by calling her a scammer. Victor E. Cretella, an attorney with PublishAmerica and a member of the Maryland Bar, is suing P&E for harming his reputation.
Barbara Bauer is on SFWA’s twenty worst agents list. NielsonHayden also noted that Barbara Bauer is a “well known scam agent” and so did Miss Snark. As everyone and their cousin on these sites note, calling someone a scam agent is defensible if it is the truth. (I don’t think it’s entirely accurate to say that it is not libel if it is the truth. Truth is just an absolute defense to libel).
On the P&E website, it claims that Victor E Cretella infringed on a contract. I am not sure how you can infringe on a contract. You can breach a contract. You can tortiously interfere with a contract but infringe? In any event, this is a bit more interesting. Apparently some had made complaints to the Maryland Bar Association regarding Cretella’s activities as PublishAmerica’s attorney. Any complaint made to an ethics board is investigated in my state. Is Cretella an unethical lawyer? Essentially, that is what P&E is going to have to prove.
7/14/07: PublishAmerica’s lawyer Victor Cretella infringing contract? This is what we’ve had reported to P&E. According to our source, Vic has infringed upon or is breaching the terms of a contract in regards to the Arbitration clause.
So, is this how PA operates? They don’t honor their contracts or show any good faith even when it comes to negotiations and arbitration?
By the way, anyone who has had dealings with an attorney in Maryland who knows they are in violation of the law or their ethics code can file a complaint against the attorney using the information at http://www.courts.state.md.us/attygrievance/complaint.html. This site lists some of the sanctions applied to various attorneys. According to our sources, sounds like it’s time to report Vic for his behavior.
Thanks to Dooley for the tip.