ASHI Lawsuit
ASHI Lawsuit
ASHI Lawsuit
AMERICAN SOCIETY OF )
HOME INSPECTORS, INC., )
)
Plaintiff, )
) No.
v. )
)
INTERNATIONAL ASSOCIATION OF )
CERTIFIED HOME INSPECTORS, and )
NICKIFOR GROMICKO a/k/a ) JURY TRIAL DEMANDED
NICK GROMICKO, )
)
Defendants. )
COMPLAINT
Plaintiff, American Society of Home Inspectors, Inc. (ASHI), for its Complaint against
1. This is an action by ASHI against InterNACHI and its founder and current
Chairman, Gromicko, for defamation and false light invasion of privacy. ASHI and InterNACHI
are both national associations of home inspectors and, as such, are direct competitors for
members, among other things. Gromicko and InterNACHI have made no secret of the fact that
they will do whatever it takes to eliminate competition. For example, Gromicko has stated in
public forums that his stated goal is to live in a world where every inspection is performed by
an InterNACHI member and that he [doesnt] want any non-members to do any inspections on
anything, anywhere ever. In order to further his goals, Gromicko has once again published
false, defamatory and outrageous statement about ASHI stating in a public posting on July 17,
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2017 that ASHI was taken over by NAMBLA on Friday. NAMBLA is the acronym for the
North American Man/Boy Love Association, a group that advocates pedophilia and pederasty,
and the abolishment of ageofconsent laws. When informed by an InterNACHI Member that
the statement was creepy and not cool Gromicko not only failed to retract the statement, he
doubled down on it posting: Its a good thing they were taken over too. Most of the few
members they have left are beginning to suffer from rigamortis. These false and defamatory
statements were made with the intent to damage ASHIs reputation and cause it financial injury,
which they have. As a result, ASHI seeks compensatory and punitive damages against
PARTIES
2. ASHI is a New York non-profit corporation with its principal place of business
located in Des Plaines, Illinois. ASHI is a citizen of the States of New York and Illinois. ASHI
profit corporation, on information and belief, InterNACHI pays its Chairman, Gromicko, a salary
5. This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C.
1332(a)(1) as this is an action between citizens of different states wherein the amount in
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controversy exceeds the sum or value of $75,000 exclusive of interest and costs. This Court has
personal jurisdiction over the defendants due to defendants systematic and continuous business
a substantial part of the events or omissions giving rise to this claim occurred in this judicial
district.
FACTUAL BACKGROUND
members. ASHI was the first association of its kind in the industry, and is recognized as the
line Standard of Practice/Code of Ethics examination from the ASHI Learning Center. To
renew, an Associate Member (and all other membership categories) must each year complete at
member must have performed at least 75 fee paid inspections, had a sample of their inspection
reports verified as being in compliance with the ASHI Standards of Practice, and passed the
passed a written state licensing examination for home inspectors. The NHIE is the same
examination used by many state governments for the licensing of home inspectors and has
undergone a rigorous approval process. To move up to and become a Certified ASHI Member,
an inspector must have performed at least 250 fee paid home inspections. (In addition to having
previously had a sample of their inspection reports verified as compliant with the ASHI
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Standards of Practice and passed the NHIE). ASHI is the only association of home inspectors in
North America whose certification program is formally submitted to, and accredited by, an
independent third party organization (The National Commission for Certifying Agencies).
number of members across the country, including Illinois. InterNACHI was founded by
Gromicko. InterNACHI competes with ASHI for members throughout the United States and
Canada.
10. InterNACHI and Gromicko have a long history of publishing false and
11. For example, in an effort to damage ASHIs reputation in the industry, and with
its membership, InterNACHI and Gromicko engaged in a campaign of spreading false and
defamatory statements about ASHI regarding its involvement in, and response to, a lawsuit
inspections. The same company that unsuccessfully sued ASHI also sued InterNACHI for
breach of a licensing agreement that InterNACHI had entered into with the company. Examples
of InterNACHI and Gromickos false and defamatory statements with regards to these lawsuits
include, but are not necessarily limited to, the following posts on InterNACHIs web forum (and
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I think its fine in the open [forum] section. The entire inspection
industry should know which association (ASHI) folded like a wet
paper bag and paid off the plaintiff and which association
(InterNACHI) hired two law firms and has been battling them.
12. In addition to the above, on December 14, 2014, Gromicko and InterNACHI
further defamed ASHI in the Tampa Tribune in response to a favorable article published about
ASHI titled Finding the Right Home Inspector Key in Spotting Future Headaches. In response
to the article Gromicko and InterNACHI submitted the following statements to the papers on-
13. InterNACHI and Gromicko have also slandered ASHI by falsely stating to others
that the ASHI president gave HomeSafe a bunch of money when he and his association were
sued. This false and slanderous statement was attributed to Gromicko and was posted at least
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14. As recently as October 27, 2017, Defendants posted on their discussion board
comments by Defendants calling ASHI and their members buffoons for their alleged
15. The above statements are all the more outrageous given Gromickos hypocrisy as
it was Gromicko and InterNACHI who caved in and through a written agreement settled the
16. Gromicko and InterNACHIs statements that ASHI had settled the claims brought
against it by HomeSafe thereby providing HomeSafe with funds to pursue litigation against
InterNACHI were knowingly false and made with actual malice in an attempt to directly harm
17. In fact, Gromicko and InterNACHI have a long history of trying to unlawfully
harm InterNACHIs competitors and drive them out of business. Gromicko has not tried to hide
this, and has even boasted about it on InterNACHIs public forum. The following are examples
b. Jim, I dont want to recruit the husband/wife run mini association that
has launched terrorist attacks at us at every turnI want to destroy them.
Were doing it little by little in the open market anyway (I doubt that they
have 400 due-paying members left), but this patent thing could be our
Enola Gay.
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d. Quote:
I would like to see Nick promise not to harm the home inspection
industry by threating or supporting any organization that threatens home
inspectors who utilize infrared thermography infringement lawsuits
based on the HomeSafe patents.
f. But I admit, I have a long memory, so Im still not done. This patent thing
just might give me one more weapon to take some of their members
homes from them.
I might be able to figure out how to keep the punishment coming with this
patent thing. Give me a month. Staff is working on making a list of their
members that use IR cameras.
g. Quote:
Have anyone considered that there may be some out there who are just
making a living and may not even be aware of this orgs existence.
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No. If they are stealing inspection jobs from InterNACHI members and
taking bread from the tables of members, Nick Gromicko is their enemy.
Id prefer that they simply stop doing inspections, voluntarily. Again,
InterNACHIs position is that every inspection in the world should be
performed by an InterNACHI member.
18. On July 17, 2017 at 11:07 a.m., Gromicko posted an article from the Washington
Post on the InterNACHI forum with his comment in the subject line: The Washington Post
pounds ASHI and recommends InterNACHI. In the body of the post he wrote: Thats how I
19. A few hours later at 2:26 p.m. an InterNACHI Member posted the following
response:
20. Gromicko responded to this post at 7:23 p.m. on July 17, 2017 writing:
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22. NAMBLA is the well-known anacronym for North American Man/Boy Love
Association. NAMBLA was founded in 1978 and acts as an advocacy organization promoting
the abolition of age-of-consent laws and the legalization of sexual acts between grown men and
young boys.
23. Despite criticism from other InterNACHI Members regarding the post, Gromicko
did not retract or delete it. In fact, Gromickos doubled down on the NAMBLA remark in his
very next post. In his response to the post which characterized his NAMBLA remark as creepy
Its a good thing they were taken over too. Most of the few
members they have left are beginning to suffer from rigamortis.
24. Gromicko and InterNACHI made the statement about ASHI being taken over by
NAMBLA knowing they were false, or with reckless disregard for their truth or falsity.
Gromicko and InterNACHI made the statements for the purpose of causing inspectors and others
to believe that ASHI was associated with an organization that promoted pedophilia, and
specifically pedophilia between men and boys. By doing so, Gromicko and InterNACHI
25. As a direct and proximate result of Gromicko and InterNACHIs actions, ASHIs
reputation in the home inspection industry has been harmed. Gromicko and InterNACHIs
26. As a direct and proximate result of Gromicko and InterNACHIs actions, ASHI
has suffered, and will continue to suffer, damages in an amount to be determined, but which are
COUNT I
(Defamation)
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InterNACHIs internet forum that ASHI had been taken over by NAMBLA.
29. Gromicko and InterNACHIs statements were knowingly false, or made with
30. As a direct and proximate result of Gromicko and InterNACHIs false and
31. As a result of Gromicko and InterNACHIs actions, ASHI has suffered damages
in an amount to be proven at trial, but which are not less than $500,000.
32. Gromicko and InterNACHIs actions were willful, wanton and egregious and
COUNT II
(False Light)
34. Gromicko and InterNACHIs statements that ASHI had been taken over by
35. Gromicko and InterNACHI made the statements detailed herein knowing that
internet forum.
37. As a result of Gromicko and InterNACHIs actions, ASHI has been placed in a
false light.
38. As a result of Gromicko and InterNACHIs actions, ASHI has suffered damages
in an amount to be proven at trial, but which are not less than $500,000.
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39. Gromicko and InterNACHIs actions were willful, wanton and egregious thereby
WHEREFORE, plaintiff ASHI prays for the following relief against defendants
a. for compensatory damages in an amount to be proven at trial, but which are not
b. for punitive damages in an amount to be proven at trial, but which are not less
than $1,500,000;
Respectfully submitted,
Robert S. Grabemann
Timothy M. Schaum
Daspin & Aument, LLP
227 W. Monroe Street
Suite 3500
Chicago, IL 60606
312-258-1600
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