EcommerceBytes-NewsFlash, Number 2807 - May 18, 2012     6 of 6

Judge Grants Restraining Order against eBay Seller's Critic

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A District Court Judge in Illinois has granted a temporary restraining order (TRO) against a Massachusetts woman who accused a Chicago drop-off store owner of shill bidding on eBay. Nancy Burke allegedly made the accusations against eDrop-Off Chicago LLC, owned by Corri McFadden, in the discussion forums.

The court ordered that Nancy Burke is prohibited from directly or indirectly posting or facilitating the posting of statements that refer or relate to Plaintiffs' alleged "shill bidding" or otherwise rigging auctions.

The motion for the restraining order for a second defendant, Midley Inc., which runs the PurseBlog website, was denied "for the reasons stated in open court." However, the motion for the TRO was granted as to Nancy Burke, who does not appear to have responded to the lawsuit. There is no legal counsel for Burke listed on court documents. When contacted today by phone, she said she would not speak about the matter. She said she had legal counsel, but would not provide the name of her attorney and hung up.

PurseBlog objected to the Illinois lawsuit because the plaintiffs had filed the same suit in California a day earlier, and where the court denied the plaintiff's motion for a TRO. PurseBlog objected to eDrop-Off's move to dismiss the California lawsuit and said it was preparing to file an anti-SLAPP motion in that state.

The Illinois court also ordered Burke to request that Purseblog remove the entire thread "another cheating shill bidder big time seller" by the close of business May 17, 2012. A preliminary injunction hearing as it relates to Nancy Burke is set for May 29, 2012 in Illinois. California Judge George H Wu set a Status Conference on May 18, 2012 at 1:30 P.M.

The thread on Purseblog has been removed. See more information in today's article, Reality TV Star Accused of eBay Shill Bidding Sues Her Accuser.

Link to the Temporary Restraining Order (PDF file).

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About the author:

Ina Steiner is co-founder and Editor of EcommerceBytes and has been reporting on ecommerce since 1999. She's a widely cited authority on marketplace selling and is author of "Turn eBay Data Into Dollars" (McGraw-Hill 2006). Her blog was featured in the book, "Blogging Heroes" (Wiley 2008). Follow her on Twitter at @ecommercebytes and send news tips to

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