Posted on 10/24/2003 10:14:40 AM PDT by Chancellor Palpatine
Edited on 10/24/2003 12:02:17 PM PDT by Lead Moderator. [history]
No. He is trying to intimidate others with gobbleygook and claiming thousands of defamation cases have been won by plaintiffs many involving 'opinion' when just the opposite is true.
He's all mouth on a lard.
Yowzaa... I'm just a real estate lawyer- by this point I've exhausted my civpro knowledge.
I did get an A on my civpro exam by answering a four part question with three pages of facts by writing this: The court should dismiss the case because there is no diversity and therefore no subject-matter jurisdiction.
The record is 11 after one word.
Citation, please.
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"A U.S. District Court has dismissed a defamation suit and issued an accompanying order that Global Telemedia International (GTMI) pay the attorneys' fees for individuals the company sued over Internet message board postings. The action may set the stage for broader protection of those who post jibes on the Web.
The court's ruling that the postings of Barry King and Ron Reader on a Raging Bull message board were protected free speech on a public issue may discourage the aggressive pursuit of Web posters critical of corporations, according to legal observers.
"The trend is that Internet speakers are becoming more aware of their rights," Megan Gray, the Los Angeles attorney who defended Reader, told NewsFactor Network.
Lawsuit SLAPPed
The defamation suit filed by GTMI, a Newport Beach, California-based telecommunications company, argued that statements made by Reader and Stevens, who posted under different names on Raging Bull's GTMI message board, were defamatory.
The court, however, dismissed the suit earlier this year, applying legislation known as Strategic Litigation Against Public Participation (SLAPP), and ruled last week that GTMI must also pay the defendants' legal fees, which total more than $55,000.
Attorney Gray told NewsFactor that the case marks the first time a company has had to pay legal fees in such a case, and may help discourage companies in their aggressive fight against critical Web postings.
"The large attorney-fee award may stem the hundreds of 'cyber gag' lawsuits being filed around the country to stifle Internet speech expressing negative opinions about matters of public interest, like poor corporate performance," said a statement from Gray's firm, Baker & Hostetler LLP.
Subpoena Squashers
While free speech and legal groups have warned of the growing number of suits that seek to disclose the identity of Web posters and pursue defamation claims, they say the tide may be turning.
"[This case] is going to discourage [frivolous lawsuits] because many of these cyber SLAPP or cyber gag suits are violations of free speech," Gray said. "The law does not permit a company to file a frivolous lawsuit solely to obtain subpoena power. The companies that pursue these look bad."
Attorneys and groups such as the American Civil Liberties Union and the Electronic Frontier Foundation are also increasingly defending Web posters and their identities, Gray said, adding that many message boards also now contain more information on rights of expression.
He's been on a tear lately, thats for sure. Check out some of the other threads he's started.
Though I find his parading his alleged legal prowess kinda entertaining, I honestly don't know why the powers that be around here tolerate him. He's definitely at odds with the spirit of this board.
Well, if you want to bring your Bible to court to swear on, there's no one stopping you. Other than that, I don't get your screed.
This same attention to detail has brought you to your flawed conclusions in the Schiavo case.
LOL...shoppin' ain't so easy now, is it?! Don't forget not to buy Chinese, too!!
Those who participate in the smearing of Ronald Reagan certainly don't deserve my consumer dollar, though...I'm boycottin' them fer sure!!
FReegards...MUD
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