DonutNV vs The Truth
DonutNV Franchising Inc. vs. Sean Kelly and Relentless Inc. is a bullying lawsuit (SLAPP) backed by private equity interests and being waged by a three-attorney team at a top Philadelphia law firm . We suspect its goal is to eliminate consumer protection and chill valid, constitutionally protected speech on behalf of franchise and business opportunity sellers.
Pennsylvania Blogger Refuses to Silenced by Philly Law Firm’s SLAPP Suit [Press Release]
(Lancaster, PA) A 66-year-old blogger, backyard chicken farmer, banjo playing grandfather may be an unlikely poster boy for free speech legislation in Pennsylvania… or maybe not.
Lancaster County resident Sean Kelly founded the UnhappyFranchisee.Com website in 2006 as one of five industry opinion websites. 20 years later, his is the last of its kind remaining.
At a time when his consumer information and warnings are more critically needed than ever, Kelly is engaged in an epic David vs. Goliath battle for survival.
Private equity-backed interests in the franchise industry and a three-attorney team from high-profile Philadelphia law firm Klehr Harrison Harvey Branzburg appear determined to silence the whistleblowers who share their opinions and experiences on the site.
They’ve waged a year-long war of attrition on the 66-year-old web publisher through a meritless lawsuit made possible by a procedural delay by the Pennsylvania Supreme Court.
In 2024, a Pennsylvania law that would likely have resulted in a quick dismissal and award of attorney fees for Kelly was passed by Governor Josh Shapiro with unanimous, bi-partisan support. However, the Pennsylvania Consitution requires the PA Supreme Court to promulgate a “rule of civil procedure” before it can be fully implemented. It’s been sitting in limbo since July, 2024.
Meanwhile, Kelly’s website, once characterized by a federal judge as a consumer watchdog serving the public interest, is at risk of going away.
“In 20 years of bullying, intimidation, and SLAPP lawsuits as high as $35,00,000, I’ve never backed down and I’ve never lost. Each time, good people have appeared to provide critical support.,” says Kelly.
“They’ve got the money & legal firepower. I’ve got the truth and one guarantee: I won’t go away quietly.”
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Tags: SLAPP, Ani-SLAPP, Pennsylvania anti‑SLAPP, UPEPA Pennsylvania, Pennsylvania free speech law, PA anti‑SLAPP law, PA Uniform Public Expression Protection Act, DonutNV, DonutNV franchise, DonutNV lawsuit, DonutNV v Kelly, Unhappy Franchisee lawsuit, Institute for Free Speech, Reporters Committee for Freedom of Speech, Paula Knudsen Burke, FIRE, ACLU, Brandon Harter, Lancaster Tech Law, PA Supreme Court, Supreme Court of Pennsylvania, Sean Kelly, UnhappyFranchisee, Judge Sponaugle, Lancaster Court of Common Pleas
