Statement on ACS v. Leadscope decision from the Supreme Court of Ohio from Dr. William F. Carroll, Jr., Chair, ACS Board of Directors, on its behalf

Posted: September 18, 2012

The Supreme Court of Ohio today issued its decision in the case of ACS v. Leadscope, Inc., originally filed in 2002. It is a complex decision and ACS needs to carefully review and assess the decision over the next several days.

Based upon initial review, the ACS Board of Directors is gratified that the Court, in a 5-2 vote, found that ACS did not defame the defendants and vacated the lower court’s award of damages on that issue, which constituted the majority of the damages award in this case.

As to the defendants’ claim of unfair competition, the Court acknowledged ACS’ First Amendment right to seek judicial review of its original claims. Although the Court also agreed with ACS’ legal arguments that the trial court had improperly instructed the jury on that claim, the Court, in a 4-3 vote, affirmed the lower courts’ decisions.

Today’s ruling will not impact ACS member dues; ACS products, programs or services; ACS staffing levels; or the ability of ACS to achieve its mission.

ACS also appreciates and acknowledges the strong support it received from the Ohio Attorney General, the Ohio Chamber of Commerce, the Ohio State Bar Association, the Ohio Manufacturers’ Association and the Ohio Council of Retail Merchants – all of which submitted briefs supporting ACS to the Supreme Court of Ohio.

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