1. At the time, Richard Gorgens was the CEO of Microsystems Software, Inc. Microsystems Software ("MSI") was bought by the Learning Company ("TLC") in 1997 and later merged with Mattel.

2. As we know, opinions cannot be libel unless they imply undisclosed false facts. This is not the case here.

3. This not only violates MGL c.151B § 4(5), but also violates the principals espoused in Astra.

4. Rosen, the respondents's attorney, knowingly secured and submitted an affidavit with false statements.

5. The fact that respondents moved to dismiss the case when the judge asked what was libelous, is a clear indication that the respondents knew their counterclaim was groundless.

6. Silverstein is appealing this dismissal without prejudice.

7. The delivery of the respondents "settlement offer" belied their improper motive in continuing the countersuit. Prior to the entry of judgment, the countersuit may have been a result of the respondents misguided belief and misunderstanding of libel law.

8. Sumner v. U.S. Postal Service, 899 F.2d 203 (2nd Cir. 1990)

9. The respondents must believe that bring baseless or sham lawsuits is considered "following correctly the Massachusetts Rules of Civil Procedures."

10. A judgment for Silverstein had been entered in this case.

11. The anti-retaliation provisions of both the ADA and MGL c.151B are vastly different from Title VII. If the legislator desired the "adverse employment action" standard from Title VII to apply to MGL c.151B the language would have been echoed.

12. Passer V. American Chemical Soc., 935 F.2d 322 (D.C. Cir. 1991)

13. There has been people who had filed complaints of disability discrimination and asserted their rights under the discrimination statutes because they had read my website.

14. Nathan Friedman, et al. v. Boston Broadcasters, Inc., 402 Mass. 376 (1988).

15. Even a settlement for more than two times the actual lost wages would permit reasonable belief to the truth of the statements. A payment of $140,874.80 is more than nuisance value.

16. Payne v. McLemore's Wholesale & Retail Stores, 654 F.2d 1130 (5th Cir. 1981).

17. If respondents had an honest belief that Silverstein's statements were untrue, they could have responded to Silverstein's repeated requests as to was factually incorrect.

18. To the contrary, respondents have filed a lawsuit, not a counterclaim in Mattel, Inc. v. Luce, Forward, Hamilton, LLP.

19. The respondents neglected to mention that their had been others who made libelous statements about them, but did not take action. These statements included accusations of cooking the books, fraud, that Barad kept her job by giving blow jobs to the Mattel board of directors, and that Silverstein "were fired for giving lousy "Lewinksys" in the mensroom." (this defamed me as well as them)

20. The respondents claimed that it was an issue of confidentiality, but Silverstein did agree to confidentiality. Silverstein included,

"The plaintiff understands that the information he seeks with respect to individuals is sensitive, and he hereby agrees that he will keep confidential the names, addresses, telephone numbers and social security numbers of the individuals contained in those records, and will not use or refer to them other than in the course of discovery, in settlement discussions, or in the course of litigation of this lawsuit, such as motion practice, trial, or appeal. In the event any litigation documents are published by the plaintiff, such as on his website, that put such confidential information before a court, all such confidential information will be removed from the documents before publication by the plaintiff"

with his requests in recognition of this..

21. Especially considering that the respondents are currently arguing that they should receive damages from bringing sham litigation against them. See, Mattel, Inc. v. Luce, Forward, Hamilton, LLP, et. al.

22. This is from the Thompson's ADA Compliance Guide article for June 2000. This article is quoting comments from Naomi Levin, special assistant to EEOC Commissioner Reginald Jones, at the National Association of ADA Coordinators Conference on April 27, 2000.