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#2
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HI Mary,
A point about the law. In order to show libel in the US, you must document and demonstrate damages. This is NOT the case in Great Britain. Tim is extremely annoying, but it would be impossible for anyone to show damages from his actions. Chuck in article , Mary Malmros at wrote on 8/20/03 4:14 AM: Out of curiosity, has anyone slapped this loon with a libel suit? -- :::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::: Mary Malmros Some days you're the windshield, Other days you're the bug. |
#3
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![]() Charles Pezeshki wrote: HI Mary, A point about the law. In order to show libel in the US, you must document and demonstrate damages. This is NOT the case in Great Britain. Tim is extremely annoying, but it would be impossible for anyone to show damages from his actions. True, but isn't "defamation of character" also illegal. He's calling us all "murderers" and likening us to Nazis and terrorists. Surely that's not acceptable. -- Regards Brian |
#4
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Brian Nystrom wrote in message ...
Charles Pezeshki wrote: HI Mary, A point about the law. In order to show libel in the US, you must document and demonstrate damages. This is NOT the case in Great Britain. Tim is extremely annoying, but it would be impossible for anyone to show damages from his actions. True, but isn't "defamation of character" also illegal. He's calling us all "murderers" and likening us to Nazis and terrorists. Surely that's not acceptable. Don't knock it, Brian. Whe more wild-eyed his (documented and archived, heh heh!) rantings on the web, the more powerful the ammunition we will have if boaters must stand against him before the Coast Guard or some legislative body. All he is doing is providing material with which he can be discredited. -- -Richard, His Kanubic Travesty ================================================== ==================== Richard Hopley, Winston-Salem, NC, USA rhopley[at]earthlink[dot]net 1-301-775-0471 Nothing really matters except Boats, Sex, and Rock'n'Roll. rhople[at]wfubmc[dot]edu 1-336-713-5077 OK, OK; computer programming for scientific research also matters. ================================================== ==================== |
#5
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in article , Brian Nystrom at
wrote on 8/21/03 3:45 AM: True, but isn't "defamation of character" also illegal. He's calling us all "murderers" and likening us to Nazis and terrorists. Surely that's not acceptable. -- Regards Brian HI Folks, A point of clarification for all those that believe that the U.S. Legal system is so messed up that anyone can sue anyone and win. It isn't. Anyone can FILE a suit-- but if the suit is frivolous, the lawyer that filed the suit can be sanctioned. There has to be some basis, provable to a judge (who decides whether sanctions are warranted) for any given lawsuit. There are two types of procedure in U.S. Law-- civil and criminal. Such claims as defamation of character or libel are civil procedure-- which means that a citizen (represented by an attorney) can file a complaint. But you have no complaint if you can't show DAMAGES. DAMAGES are usually considered monetary in form-- you have to have compensatable damages to get anywhere. Criminal charges must be filed by the appropriate prosecuting attorney, and follow a whole 'nother process. You may say your character is defamed, but if you cannot show harm/damages, you have no case. Just because you can sue someone for anything does not mean you can WIN. And it doesn't mean that your case won't be dismissed INSTANTANEOUSLY. An unpopular opinion in public, currently-- largely because the public does not realize that civil procedure is the only refuge of the weak against large corporations-- but our legal system, while FAR from perfect, has many admirable characteristics. "Tort reform"-- meaning a "free lunch" for the rich, is trumpeted by the rich using tools such as the fabled 'McDonalds lawsuit' and the recent lawsuit against fatty foods. Reality is that without tort law, we would all be getting sliced and diced in auto accidents, we'd still have lots of unsafe home products, products would be labelled deceptively, and on and on. Why the public seems so bound and determined to give up their one major tool against the powerful is BEYOND me. As far as name-calling goes, who cares what Timmy says? I mean, really? Chuck |
#6
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Charles,
Thanks for the clarification. You're right about the monetary damage. Unless some of the guides here could show that he cost them clients (how would they know), I guess there's not much of a case, since this amounts to little more than Timmy hurling invectives at us from his sandbox. However, I wonder if the ACA has a case, especially in view of their being impugned in his book? -- Regards Brian |
#7
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You don't have to show damages if it is libel per se
http://dictionary.law.com/definition...d=%7C%7C%7C%7C I think saying there is a conspirousy to kill children in order to make money selling kayaks would probably fit. --dan "Charles Pezeshki" wrote in message ... in article , Brian Nystrom at wrote on 8/21/03 3:45 AM: True, but isn't "defamation of character" also illegal. He's calling us all "murderers" and likening us to Nazis and terrorists. Surely that's not acceptable. -- Regards Brian HI Folks, A point of clarification for all those that believe that the U.S. Legal system is so messed up that anyone can sue anyone and win. It isn't. Anyone can FILE a suit-- but if the suit is frivolous, the lawyer that filed the suit can be sanctioned. There has to be some basis, provable to a judge (who decides whether sanctions are warranted) for any given lawsuit. There are two types of procedure in U.S. Law-- civil and criminal. Such claims as defamation of character or libel are civil procedure-- which means that a citizen (represented by an attorney) can file a complaint. But you have no complaint if you can't show DAMAGES. DAMAGES are usually considered monetary in form-- you have to have compensatable damages to get anywhere. Criminal charges must be filed by the appropriate prosecuting attorney, and follow a whole 'nother process. You may say your character is defamed, but if you cannot show harm/damages, you have no case. Just because you can sue someone for anything does not mean you can WIN. And it doesn't mean that your case won't be dismissed INSTANTANEOUSLY. An unpopular opinion in public, currently-- largely because the public does not realize that civil procedure is the only refuge of the weak against large corporations-- but our legal system, while FAR from perfect, has many admirable characteristics. "Tort reform"-- meaning a "free lunch" for the rich, is trumpeted by the rich using tools such as the fabled 'McDonalds lawsuit' and the recent lawsuit against fatty foods. Reality is that without tort law, we would all be getting sliced and diced in auto accidents, we'd still have lots of unsafe home products, products would be labelled deceptively, and on and on. Why the public seems so bound and determined to give up their one major tool against the powerful is BEYOND me. As far as name-calling goes, who cares what Timmy says? I mean, really? Chuck |
#8
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I keep hoping that someone, somewhere will tell us just how stupid we are.
Promises, promises. "dan" dancytronatyahoo.com wrote in message ... You don't have to show damages if it is libel per se http://dictionary.law.com/definition...d=%7C%7C%7C%7C I think saying there is a conspirousy to kill children in order to make money selling kayaks would probably fit. --dan "Charles Pezeshki" wrote in message ... in article , Brian Nystrom at wrote on 8/21/03 3:45 AM: True, but isn't "defamation of character" also illegal. He's calling us all "murderers" and likening us to Nazis and terrorists. Surely that's not acceptable. -- Regards Brian HI Folks, A point of clarification for all those that believe that the U.S. Legal system is so messed up that anyone can sue anyone and win. It isn't. Anyone can FILE a suit-- but if the suit is frivolous, the lawyer that filed the suit can be sanctioned. There has to be some basis, provable to a judge (who decides whether sanctions are warranted) for any given lawsuit. There are two types of procedure in U.S. Law-- civil and criminal. Such claims as defamation of character or libel are civil procedure-- which means that a citizen (represented by an attorney) can file a complaint. But you have no complaint if you can't show DAMAGES. DAMAGES are usually considered monetary in form-- you have to have compensatable damages to get anywhere. Criminal charges must be filed by the appropriate prosecuting attorney, and follow a whole 'nother process. You may say your character is defamed, but if you cannot show harm/damages, you have no case. Just because you can sue someone for anything does not mean you can WIN. And it doesn't mean that your case won't be dismissed INSTANTANEOUSLY. An unpopular opinion in public, currently-- largely because the public does not realize that civil procedure is the only refuge of the weak against large corporations-- but our legal system, while FAR from perfect, has many admirable characteristics. "Tort reform"-- meaning a "free lunch" for the rich, is trumpeted by the rich using tools such as the fabled 'McDonalds lawsuit' and the recent lawsuit against fatty foods. Reality is that without tort law, we would all be getting sliced and diced in auto accidents, we'd still have lots of unsafe home products, products would be labelled deceptively, and on and on. Why the public seems so bound and determined to give up their one major tool against the powerful is BEYOND me. As far as name-calling goes, who cares what Timmy says? I mean, really? Chuck |
#9
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Hi John,
20+ posts later (and that's just counting this thread) and you have to ask? The answer is: "Very stupid indeed!" Don't you have anything better to do on Whidbey Island during the beautiful weather we've been having than post to this thread? On second thought, don't I have anything better to do? ;-) Chuck in article , John Q Adams at wrote on 8/26/03 4:48 PM: I keep hoping that someone, somewhere will tell us just how stupid we are. Promises, promises. |
#10
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Hi Dan,
Libel per se also depends on the credibility of the source, and the credibility of the charges. If you were to go in front of a judge and argue that you were libeled by Timmy's statements, the judge, upon considering the record, would laugh his/her ass off-- and then sanction your lawyer. Tell ya what, folks. Brian has already said he's willing to take a tort claim against Timmy. Brian has already admitted to insanity by inference in an earlier post. I suggest that Brian take his claim, with all the printed e-mails, to a lawyer and see if he can find one to take his case based on contingency. Then I recommend that Brian try to find one that will take his case based on getting paid an hourly fee. Good luck on your journey, Brian. Maybe that will get you to stop posting back to Timmy. Chuck in article , dan at dancytronatyahoo.com wrote on 8/26/03 4:27 PM: You don't have to show damages if it is libel per se http://dictionary.law.com/definition...d=%7C%7C%7C%7C I think saying there is a conspirousy to kill children in order to make money selling kayaks would probably fit. --dan |
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