Ahead of a scheduled August 1 hearing, the LA Times has filed a July 11 response to the latest accusations made in U.S. District Court by marketing company 1-800-GET-THIN LLC. Among the dozens of legal precedents cited by the newspaper’s attorneys are cases involving the New York Times, Miami Herald, the Chicago Tribune, and Hearst Corporation.

In a previous document footnote, the LA Times suggested that surgeon brothers Julian and Michael Omidi, who advertise their Beverly Hills lap-band weight loss procedure services through 1-800-GET-THIN, engage in “scorched-earth litigation” against anyone who criticizes their “surgery-mill business.” The July 11 main argument summary section put forth by Times attorneys begins as follows:

In its increasingly desperate bid to keep some lawsuit alive against the Times defendants, plaintiff is asking this court to permit it to file yet another amended complaint—this time, to add wholly frivolous anti-trust and RICO claims against the Times, reporter Stuart Pfeifer, and columnist Michael Hiltzik; and to drastically rewrite its baseless Lanham Act claims to allege the same convoluted “advertising conspiracy” theory that was already addressed in the parties’ briefing on defendants pending motion to dismiss… Their “Whack-a-Mole” legal strategy should be stopped…

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