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London Luxury Was Denied a TRO in Malaysia PPE Dispute Then Threatens to Sue Press

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURTHOUSE, May 27 – London Luxury LLC sued HSBD in a dispute over payments related to PPE gloves.

On May 26, U.S. District Court for the Southern District of New York Judge Katherine Polk Failla held a proceeding to rule on London Luxury's request for a TRO. Inner City Press covered it, here.

After Inner City Press published its short report of the denial of the requested TRO, London Luxury, whose CEO is listed as Marc Jason, had a lawyer write to the Press with a legal threat: "Kenneth Hayes at epsteinostrove dot com via epsteinarlenostrove.onmicrosoft.com  12:59 PM (14 minutes ago) to Matthew Lee at innercitypress dot com and Elliot Ostorve at Epstein Ostrove dot com

  Mr. Lee:     I am writing to follow-up on my voicemail of a few moments ago.  This firm represents London Luxury LLC.  London Luxury hereby demands that the article posted by Inner City Press concerning yesterday’s hearing be retracted and removed immediately.  The article is fundamentally erroneous.  London Luxury commenced a lawsuit to stop a drawdown on a letter of credit being held by HSBC. The article does not reflect this very important distinction and, therefore, is most inaccurate.     We trust that Inner City Press desires to report the new accurately and, therefore, will withdraw the article immediately without the need for litigation."

 Consider it a letter to the editor. While not required, here's a quote from the amended complaint: "In connection with Plaintiff's efforts to source PPE from manufacturers in Malaysia, a line of credit was established with Standard Chartered Bank. The line of credit was originally in the amount of $4 million and later reduced $2 million.... Plaintiff obtained a standby letter of credit from Defendant [HSBC]... upon information and belief Ms Laas access the line of credit for the purpose of paying herself."

There, was that so difficult? What kind of company immediately threatens to sue over a published report that it was denied a TRO? Maybe a refresher on the First Amendment - and anti SLAPP law - is required.

Judge Failla recounted that no irreparable harm had been shown, nor likelihood of success on the merits.

Nevertheless, she said she would stay her decision for 24 hours to allow appeal to the Second Circuit, or longer if the parties write to her. More has happened, and now we will continue to follow this case.

The case is London Luxury LLC v. HSBC Bank USA, N.A., 22-cv-4235 (Failla) 

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