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Update, April 21, 2017 – After months of discovery (the process where both parties in a lawsuit exchange documents pertinent to their case) it has come to light that Casper may be responsible for a web attack against Sleepopolis. This attack was aimed at reducing Sleepopolis’ traffic and attempted to prevent consumers from finding Sleepopolis via search engines. As a result of the documents uncovered in discovery Sleepopolis has filed a counter lawsuit against Casper for this attack.
Two years ago I launched Sleepopolis with a simple goal, I wanted to help others find a great mattress. Having experienced the first hand nightmare of shopping for a mattress in-store I knew I never wanted to do that again, and if I could help others avoid it also, I would. The confusion, lack of transparency, and absurd prices that go alongside the in-store shopping experience were frustrating to say the least.
From the very first day Sleepopolis launched I knew I wanted to build something different. Reviews rooted in honesty, transparency, integrity, and clarity, without the marketing speak or fluff. Guided by these principles I feel like Sleepopolis readers have the right to know that Casper Sleep has filed a federal lawsuit in New York, suing both Sleepopolis and me, personally.
Casper filed the lawsuit against me in April, 2016, on the same day that it sued two other websites that review mattresses. The suit makes a number of different allegations, but they are primarily focused on my Casper mattress reviews and how I inform my readers about referral links. I am currently fighting the lawsuit.
It is my opinion that this lawsuit is nothing more than an attempt to silence my voice and infringe my first amendment right. When my lawyer asked Casper what it would take to resolve the case, Casper’s settlement demand was that I take down my reviews of Casper’s mattress and never write about Casper again. I don’t think Casper is concerned about my referral link disclosures at all – they just don’t like criticism of their product.
The lawsuit has already taken a heavy personal and financial toll, but I refuse to be bullied or silenced. I will continue to fight against Casper and any others who would attempt to silence criticism or squelch free speech.
If you are interested you may read the details of the case below, these are all of the public court documents:
- Casper’s original complaint – filed 4/29/16
- Casper’s amended complaint – filed 6/10/16
- Sleepopolis’ motion to dismiss – filed 7/7/16
- Casper’s opposition to the motion to dismiss – filed 8/5/16
- Sleepopolis’ reply brief in support of the motion to dismiss – filed 8/12/16
- Judge’s decision on the motion to dismiss – filed 10/20/16
- Sleepopolis’ amended answers and counterclaims – filed 4/21/17
- Sleepopolis’ support of motion to amend answers and counterclaims – filed 4/21/17
Despite Casper’s attempt to bully and silence Sleepopolis I have not and will not change their review based on this case. All of my reviews will continue to be an honest reflection of each respective company’s products and services.
I will continue to post public court documents on this page so that you may easily follow the case.
Unfortunately, I cannot comment on the specifics of the case, but I will be releasing periodic updates of how the case is progressing over time.