Logo
BusinessBusiness

Overstock.com got a big boost from a California judicial panel in its fight against short-sellers.

The three-judge Marin County appeals court refused to dismiss Overstock’s controversial suit against short-seller Rocker Partners and forensic research shop Gradient Analytics.

Overstock’s suit argues the two conspired to maliciously spread inaccurate and defaming information.

The panel offered spirited and broad-ranging support to Overstock’s claims, rejecting almost every argument made by the appellants’ lawyers.

Gradient, in a press release, described the ruling as technical and said it would appeal the decision to the California Supreme Court.

Ironically, the ruling comes as Gradient’s original concerns – laid out in a series of reports from 2003 to 2006 – have largely borne fruit.

Overstock.com’s earnings shortfalls and inability to generate cash have forced it to issue stock – after telling investors it had no plans to do so – twice, at increasing discounts to the market price.

Three directors, including Chairman Jack Byrne – the father of Chief Executive Patrick – have resigned over concerns about Overstock’s litigation. The Securities and Exchange Commission is investigating the company and Patrick Byrne.

Comments
anonymous profile image
Powered by RoundtableBuilt on infrastructure designed for real-time media. Learn more at RTB.io.© Roundtable 2026. By using this site you agree to the Terms of Use and Privacy Policy