OP
Airleron
Contributor
I can only hope that the Judge throws this case out the window where it belongs, and let the First Amendment rule.
Watch out what you post!
- Thread starter Airleron
- Start date
Please register or login
Welcome to ScubaBoard, the world's largest scuba diving community. Registration is not required to read the forums, but we encourage you to join. Joining has its benefits and enables you to participate in the discussions.
Benefits of registering include
- Ability to post and comment on topics and discussions.
- A Free photo gallery to share your dive photos with the world.
- You can make this box go away
- Messages
- 53,676
- Reaction score
- 7,856
- # of dives
- 500 - 999
ItsBruce
Contributor
1. Being a plaintiff in a defamation action is very risky. Pretty much all is fair in the context of the lawsuit. The defendant can repeat the allegations with impunity: "He is suing me for saying he..." And, if the defendant proves the truth of the matter, then publishing and republishing it is fair game forever. And, if the judge feels so inclined, it can be made a permanent part of the public record in a very visible way. (We recently had a case in California where a woman sued her former employer for disclosing what she considered to be confidential personal information. The Court published that information in the permanent record. Anyone who searches her name on the internet is bound to find it ... along with the unkind things the Court said about her lawsuit.) From what I've read, the doctor's lawsuit is like a "Hail Mary" play in football.
2. In California, we have a summary procedure for disposing of lawsuits that are designed to chill the exercise of the right to free speech. The defendant can file a motion and only needs to show the statements are on a matter of public interest. After that, the plaintiff must show a probability of prevailing, which often includes showing evidence of an intent to harm. Winning defendants are awarded their legal fees as against the plaintiff, and this can be in the scores of thousands of dollars.
3. For individuals who are sued in a lawsuit like that described, it is probably within the coverage of their homeonwers' insurance, if they have any. So, it is likely that insurance companies will fund the defense.
2. In California, we have a summary procedure for disposing of lawsuits that are designed to chill the exercise of the right to free speech. The defendant can file a motion and only needs to show the statements are on a matter of public interest. After that, the plaintiff must show a probability of prevailing, which often includes showing evidence of an intent to harm. Winning defendants are awarded their legal fees as against the plaintiff, and this can be in the scores of thousands of dollars.
3. For individuals who are sued in a lawsuit like that described, it is probably within the coverage of their homeonwers' insurance, if they have any. So, it is likely that insurance companies will fund the defense.
englishpeter
Registered
- Messages
- 41
- Reaction score
- 0
- Location
- Mactan, Lapu-Lapu, Cebu, Philippines
- # of dives
- I just don't log dives
Deserves everything he gets.
Doug Charney
Contributor
Anything new on this? Does Rob have a civil suit pending?
AfterDark
Contributor
deleted
Last edited:
AfterDark
Contributor
Something happened when I tried to edit what I posted in the Swain thread. After I hit save this thread came up and IE became opening one window after another. I couldn't stop it without rebooting my pc. When I went back into the Swain thread not only was my post not there but the post I responded to wasn't there either. I got here by going to user cp to find my post. This is the 1st time I've been in this thread. Maybe Jobs has become a ghost in the machine
jimmy71
Contributor
- Messages
- 407
- Reaction score
- 25
- # of dives
- 200 - 499
I would love an update to this.
Roger Nicosia v. Lisa Rollins, Christopher Bartlett, John Etzler, Philip A. Grogan d/b/a Spearboard.com/Enterprise Publications | Citizen Media Law Project
this seems to be the most up to date but I can not find out a resolution. I hate stories that are not followed up on.
Roger Nicosia v. Lisa Rollins, Christopher Bartlett, John Etzler, Philip A. Grogan d/b/a Spearboard.com/Enterprise Publications | Citizen Media Law Project
this seems to be the most up to date but I can not find out a resolution. I hate stories that are not followed up on.
It's Bruce
I gather from a few articles I have read that some of the comments on Spearboard could have be deemed defamatory, but it seems that what you have outlined for California makes it hard for people to push this issue. If the outcry at the doctor’s wrist slap for what he has done is genuine, isn’t this issue more about the laws in place in Florida than about the Dr.’s good name?
Also, if the defamation goes on public record as you suggest, does this make it all the more likely that Murphy will be able to claim greater damages in an upcoming civil suit for the doctor’s alleged misdeeds?
Has Murphy gone forward with such a suit?
A few people who have spoken about this and Florida in general have claimed that Florida (apparently unlike California) allows bad people to get away with such things and then claim defamation. I worry for Murphy that the wrist slap that the good doctor was lucky enough to receive is also going to also be granted him in a civil suit that should really hit him where it hurts. Has this already happened?
Cheers!
I gather from a few articles I have read that some of the comments on Spearboard could have be deemed defamatory, but it seems that what you have outlined for California makes it hard for people to push this issue. If the outcry at the doctor’s wrist slap for what he has done is genuine, isn’t this issue more about the laws in place in Florida than about the Dr.’s good name?
Also, if the defamation goes on public record as you suggest, does this make it all the more likely that Murphy will be able to claim greater damages in an upcoming civil suit for the doctor’s alleged misdeeds?
Has Murphy gone forward with such a suit?
A few people who have spoken about this and Florida in general have claimed that Florida (apparently unlike California) allows bad people to get away with such things and then claim defamation. I worry for Murphy that the wrist slap that the good doctor was lucky enough to receive is also going to also be granted him in a civil suit that should really hit him where it hurts. Has this already happened?
Cheers!
Similar threads
