Attorney Resume Writer Wendi Weiner Sues Mike Podesto in Federal Court
On April 2, 2019, Wendi Weiner, attorney, resume writer, and owner of The Writing Guru, filed a lawsuit against Mike Podesto of Find My Profession in federal court alleging damages, injunctive relief, costs, and attorneys fees under claims for: (i) Libel; (ii) Libel Per Se; (iii) Deceptive or Unfair Conduct under Florida’s Deceptive and Unfair Trade Practices Act (Fla. Stat. § 501.201, et seq.); and (iv) Material Misrepresentation under 17 U.S.C. § 512(f). The case number for the lawsuit is: 19-cv-60859 and Wendi Weiner, attorney, is represented by Darren Heitner of Heitner Legal.
Read the Lawsuit Filed in Federal Court Against Mike Podesto
A copy of the 18-page amended complaint is attached below. The 4th count for material misrepresentation pertains to a DMCA counter-notice filed for Wendi Weiner. Two previous cease and desist letters were submitted to Mike Podesto regarding the fake reviews and his defamatory articles. Wendi documented his fake reviews and patterns of conduct over an 18-month period in an article which can be read here.
Podesto sought to have the complaint dismissed claiming lack of personal jurisdiction in Florida. On August 2, 2019, the court found that venue was proper in Florida, there was a sufficient causal relationship between Wendi Weiner’s deceptive practices claim and Find My Profession’s (Mike Podesto’s) contacts with Florida, and Weiner established that Podesto is subject to personal jurisdiction under Florida’s long-arm statute for claims arising out of the publication of the police report article. The complaint was amended to include additional facts surrounding the lawsuit article and that Podesto is carrying on business in Florida through employees and affiliate relationships. A copy of the most up-to-date docket can be found here.Amended-Complaint