Lawyers plan to take case to state court.
The lawyers that filed a lawsuit in federal district court against SnapNames and Oversee.net over the ‘Halvarez’ scandal and later dismissed the case say it’s not over yet.
“It was really just a procedural move,” said Michael Aschenbrener, lead attorney on the case for Edelson McGuire LLC, commenting on why the case was dismissed.
Aschenbrener said they might have an easier time filing the case in state court. The case hit a roadblock because of class action rules that require the money involved in the case to be $5 million in federal district court. That requirement doesn’t exist in state court, Aschenbrener explained.
After the suit was filed, Oversee.net represented that U.S. customers lost less than $1 million due to the ‘halvarez’ bids. Worldwide losses are likely around $2 million.
It is somewhat unusual for a class action to be filed against a company that has already admitted wrong doing and has offered compensation to customers.
“This case is unique in that Oversee and SnapNames took corrective action,” said Aschenbrener. “Our perspective is those were great first steps but a bit more needs to be done to fully compensate customers and restore confidence.”
According to Oversee.net, about half of the money owed to U.S. customers has already been claimed. Aschenbrener said customers who accepted Oversee.net’s compensation offer would likely not be part of the class since they have already released SnapNames of liability.
Alan says
Andrew,
I think there was a typo in your article.
Didn’t the lawyer mean to say
“Our perspective is those were great first steps but a bit more needs to be done to fully compensate MY LAW FIRM and restore confidence.” 🙂
Fishing for a settlement is all these guys are doing.
Domain Names says
Is this the law firm who is/was representing the guy who lost $20?
Give me a break.
Andrew Allemann says
@ Domain Names – yes
Alan says
same guy … exactly my thoughts.
stewart says
yeah same guy, same 20 bucks times 50,000 auctions…give or take,nothing more.
Andrew Allemann says
My take:
So right now the “class” under this future lawsuit is owed about $500k, including the interest Oversee.net offered. With that in mind, the lawyers are going to have to get class members more than Oversee offered them, otherwise they should-opt out.
I don’t see a lot of legal fees from this one, even if they get Oversee to settle. Seems more like a building block to go after bigger fish in the future.
OverSeen says
Oversee will pay to make this go away as they have done countless times in the past. No way they want to go to court. Too many skeletons. They really ought to consider holding their next domain get together in Stockholm in tribute of the apparent fact that the bulk of the clients they serve seem to be suffering from Stockholm Syndrome.