Pride Medical’s ongoing legal battle with Fenuxe magazine added a new chapter this month with more complaints filed by the medical practice against the gay men’s magazine seeking attorneys fees for “willful misconduct.”
According to the amended complaint filed on Oct. 17, Pride Medical alleges Fenuxe and specifically its owner, Tyler Calkins, have “acted in bad faith in its dealings with Plaintiff, has been stubbornly litigious herein, and/or has caused Plaintiff such unnecessary trouble and expense.”
In her order, Judge Becker stated, “[T]his court finds that Tyler Calkins is wholly unconnected to the action … and that the relationship between the two [Calkins and Anisman] is of a personal nature. The issues between those two parties are not related to the transaction that makes up the complaint in this action.” In seeking attorneys fees for having to defend against the counterclaims, Pride Medical is also alleging that Fenuxe’s and Calkins’ actions “showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences, and these damages are necessary to punish Defendants for their fraudulent conduct and to deter Defendants from engaging in this conduct in the future.”
The court should order Fenuxe pay the attorneys fees also because the basis for Calkins’ allegations were based on a “complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position,” according to Pride Medical’s Oct. 17 motion.
Pride Medical is also alleging a breach of contract against Fenuxe for allegedly discontinuing running one of its ads without informing the business it was doing so while still accepting payments for the advertisement. Pride Medical, at one time a regular advertiser in Fenuxe, claimed Fenuxe lied to advertisers about its distribution by stating it printed and distributed 25,000 copies of the magazine every two weeks. When Pride Medical filed the lawsuit late last year the company stated it had spent some $73,000 in advertising with the magazine.