Amazon Litigation – Dissolving TRO’s Asserted Against Sellers & Get Back to Selling Online in 2021
If you’re an Amazon seller and you’ve received an email from Amazon that you’ve been sued, and there’s a temporary restraining order (TRO) issued against your account, here’s what we do for sellers all over the United States.
Number one, you bring an emergency motion to lift the temporary restraining order, so that you can get back into business because these TROs will often freeze not just the products at issue in the lawsuit, but your entire account. Or, it will freeze all of your money and withhold your capital from you and that is really bad, specially this time of year.
Step number two. You want to ask the court to throw the case out. It’s called a motion to dismiss or a motion for summary judgement. You want to do that before you file a formal answer in the case. You want to ask the court to throw the whole thing out. It could be based upon jurisdiction, meaning that court has no power over you. It could be on the merits. For example, you never sold that product and we’re fighting these things right now, but you want to take those first two steps immediately.
And number three, there’s something in the Federal Rules of Civil Procedure called Rule 26. Under this rule, the people that sued you, the company that sued you, have to provide you with information right at the outset.
So those are the 3 things that we do immediately upon being retained. If you’re dealing with another lawyer who doesn’t know Amazon as well as we do, or doesn’t know TROs against Amazon sellers as well as we do, let them know these 3 things.
Number one: an emergency motion to dissolve that temporary restraining order.
Number two: a motion to dismiss the entire case before you file an answer.
Number three: make them give you the proof, Rule 26, demand the disclosures.
If you want to learn more about dissolving TRO’s, we’re here for you 7 days a week.