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Author Topic: I do believe a PSW member wants to sue me.  (Read 15236 times)

duckhunter

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Re: I do believe a PSW member wants to sue me.
« Reply #30 on: October 15, 2008, 03:10:36 pm »

LRS 14:47.  Defamation

Defamation is the malicious publication or expression in any manner, to anyone other than the party defamed, of anything which tends:

(1)  To expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse; or

(2)  To expose the memory of one deceased to hatred, contempt, or ridicule; or

(3)  To injure any person, corporation, or association of persons in his or their business or occupation.  

Whoever commits the crime of defamation shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.  

Amended by Acts 1968, No. 647,
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J.J. Blair

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Re: I do believe a PSW member wants to sue me.
« Reply #31 on: October 15, 2008, 03:37:16 pm »

Good luck with that one.  Proving loss of income or damages to your reputation because of a flippant remark on the intranets is going to be a tough sell, and the lawyer fees will cost you more than you might even gain.

My mom got MRSA from a hospital.  Damn near lost her leg and cost a lot of money.  Lawyers wouldn't touch it because the case is so expensive to file, and it's really hard to prove neglect.  A lawyer will take your money and do anything you ask, but be prepared to spend tens of thousand of dollars to bring that to a court room.  

But you forgot the one problem with your case, guidry: People didn't pluck you out of thin air and start ridiculing you.  YOU ASKED FOR AN OPINION, AND YOU GOT IT.  Just because you didn't like the opinion, doesn't mean you can sue for defamation now.

Nice try.  
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studio info

They say the heart of Rock & Roll is still beating, which is amazing if you consider all the blow it's done over the years.

"The Internet enables pompous blowhards to interact with other pompous blowhards in a big circle jerk of pomposity." - Bill Maher

"The negative aspects of this business, not only will continue to prevail, but will continue to accelerate in madness. Conditions aren't going to get better, because the economics of rock and roll are getting closer and closer to the economics of Big Business America." - Bill Graham

John Ivan

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Re: I do believe a PSW member wants to sue me.
« Reply #32 on: October 15, 2008, 03:44:07 pm »

dguidry wrote on Wed, 15 October 2008 15:10

LRS 14:47.  Defamation

Defamation is the malicious publication or expression in any manner, to anyone other than the party defamed, of anything which tends:

(1)  To expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse; or

(2)  To expose the memory of one deceased to hatred, contempt, or ridicule; or

(3)  To injure any person, corporation, or association of persons in his or their business or occupation.  

Whoever commits the crime of defamation shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.  

Amended by Acts 1968, No. 647,
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"Transformation is no easy trick: It's what art promises and usually doesn't deliver." Garrison Keillor

 

ktownson

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Re: I do believe a PSW member wants to sue me.
« Reply #33 on: October 15, 2008, 03:45:23 pm »

C'mon, Dean, that's Louisiana law, these statements were made on the internet, which means it's unlikely any court is going to let you drag someone down here to defend themselves.

Consider it a free lesson in the entertainment biz and move on. There are a lot more dangerous creatures lurking down that road.
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Vertigo

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Re: I do believe a PSW member wants to sue me.
« Reply #34 on: October 15, 2008, 03:50:15 pm »

I don't know what I'd be more afraid of - being sued by this guy or a trip to his "percussion room":

http://www.suckerhead.com/junk/percussion_room.bmp

*shudder*

-Lance
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John Ivan

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Re: I do believe a PSW member wants to sue me.
« Reply #35 on: October 15, 2008, 03:56:27 pm »

Hey, um. Ya know.. if you hate those 57's enough to render them useless, you can ship them to me. I use them for a lot of stuff. I know some people hate them, but they seem to work for me in many cases..  Shocked  Shocked

Ivan................
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"Transformation is no easy trick: It's what art promises and usually doesn't deliver." Garrison Keillor

 

duckhunter

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Re: I do believe a PSW member wants to sue me.
« Reply #36 on: October 15, 2008, 04:00:16 pm »

Vertigo wrote on Wed, 15 October 2008 14:50

I don't know what I'd be more afraid of - being sued by this guy or a trip to his "percussion room":

http://www.suckerhead.com/junk/percussion_room.bmp

*shudder*

-Lance


Much has changed since the early days.  Behind those "blankets" are 2 inch isolation panels that have since been installed permanently and in a rather more attractive fashion. The only remaining mic you see in that photo is the 57 on the snare.  Don't knock the tv...its the drummer's camera monitor to the vocal booth, control room, and live room...works like a champ with wireless cameras and split screens for everyone.
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fiasco ( P.M.DuMont )

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Re: I do believe a PSW member wants to sue me.
« Reply #37 on: October 15, 2008, 04:00:24 pm »

Defamation?

I think you would have to first prove that you in fact have any character.

As far as aiming this at me, I called you a liar because you commented that you knew this "deal" was onerous, and would have never been put on the table.

To that, I still think you are a liar.
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Philip

bblackwood

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Re: I do believe a PSW member wants to sue me.
« Reply #38 on: October 15, 2008, 04:07:22 pm »

How on earth can you prove the person you are suing made those posts? As someone who doesn't ever 'logout' on my own machines, anyone with access to those machines could very easily say whatever they want and it would appear I said it...

Honestly, this whole situation is so silly I'm inclined to believe it's a hoax.

index.php/fa/10162/0/
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Brad Blackwood
euphonic masters

duckhunter

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Re: I do believe a PSW member wants to sue me.
« Reply #39 on: October 15, 2008, 04:09:38 pm »

J.J. Blair wrote on Wed, 15 October 2008 14:37

Good luck with that one.  Proving loss of income or damages to your reputation because of a flippant remark on the intranets is going to be a tough sell, and the lawyer fees will cost you more than you might even gain.

My mom got MRSA from a hospital.  Damn near lost her leg and cost a lot of money.  Lawyers wouldn't touch it because the case is so expensive to file, and it's really hard to prove neglect.  A lawyer will take your money and do anything you ask, but be prepared to spend tens of thousand of dollars to bring that to a court room.  

But you forgot the one problem with your case, guidry: People didn't pluck you out of thin air and start ridiculing you.  YOU ASKED FOR AN OPINION, AND YOU GOT IT.  Just because you didn't like the opinion, doesn't mean you can sue for defamation now.

Nice try.  

I've handled many Medical Malpractice cases.  I can attest to how expensive they are.  There is an economic threshold of value for a case, below which the case is not worth the expense no matter how egregious the negligence.  I am sorry about that, but you can thank the insurance industry for that inequity.
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John Ivan

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Re: I do believe a PSW member wants to sue me.
« Reply #40 on: October 15, 2008, 04:11:42 pm »

Hi Ya Brad,,

I don't know man.. I go back and forth on this.. It could be a hoax. But why would someone do this?

At any rate, I'll be happy to argue the case. I will remain calm in doing so too. I promise.

Ivan...................
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"Transformation is no easy trick: It's what art promises and usually doesn't deliver." Garrison Keillor

 

fiasco ( P.M.DuMont )

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Re: I do believe a PSW member wants to sue me.
« Reply #41 on: October 15, 2008, 04:26:31 pm »

John Ivan wrote on Wed, 15 October 2008 16:11

Hi Ya Brad,,

I don't know man.. I go back and forth on this.. It could be a hoax. But why would someone do this?

At any rate, I'll be happy to argue the case. I will remain calm in doing so too. I promise.

Ivan...................


A calm Ivan is a convincing Ivan.
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Philip

rnicklaus

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Re: I do believe a PSW member wants to sue me.
« Reply #42 on: October 15, 2008, 04:37:19 pm »

In the original thread there are these conflicting posts.

<<dguidry wrote on Thu, 28 February 2008 15:06

In all seriousness, this is the real deal.>>

<<dguidry wrote on Sun, 02 March 2008 12:01

I knew at its core it was onerous and it would never have been put on the table for consideration at all. >>

This would be the big hurdle in any defamation case.  Two conflicting statements by the person claiming he was defamed.  One of the statements may have been reasonably believed to be true.  The other statement, at that point, may be open to challenge on it's honesty.

Every case needs to be brought in good faith.  Filing a claim that may not be in good faith leaves an opening for attorney fees and legal costs to be recovered.
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duckhunter

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Re: I do believe a PSW member wants to sue me.
« Reply #43 on: October 15, 2008, 04:47:33 pm »

rnicklaus wrote on Wed, 15 October 2008 15:37

In the original thread there are these conflicting posts.

<<dguidry wrote on Thu, 28 February 2008 15:06

In all seriousness, this is the real deal.>>

<<dguidry wrote on Sun, 02 March 2008 12:01

I knew at its core it was onerous and it would never have been put on the table for consideration at all. >>

This would be the big hurdle in any defamation case.  Two conflicting statements by the person claiming he was defamed.  One of the statements may have been reasonably believed to be true.  The other statement, at that point, may be open to challenge on it's honesty.

Every case needs to be brought in good faith.  Filing a claim that may not be in good faith leaves an opening for attorney fees and legal costs to be recovered.


Legal fees are not recoverable in Louisiana, but sometimes court costs are.

I meant: "real deal" as in no kidding I am drafting a proposed contract so help me out.  No one would infer in the context of my statements that this would be the final draft.  I even said it was only a deal memo, which by its own definition is not binding, and you would know that only if you were a lawyer.
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John Ivan

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Re: I do believe a PSW member wants to sue me.
« Reply #44 on: October 15, 2008, 04:49:16 pm »

rnicklaus wrote on Wed, 15 October 2008 16:37

In the original thread there are these conflicting posts.

<<dguidry wrote on Thu, 28 February 2008 15:06

In all seriousness, this is the real deal.>>

<<dguidry wrote on Sun, 02 March 2008 12:01

I knew at its core it was onerous and it would never have been put on the table for consideration at all. >>

This would be the big hurdle in any defamation case.  Two conflicting statements by the person claiming he was defamed.  One of the statements may have been reasonably believed to be true.  The other statement, at that point, may be open to challenge on it's honesty.

Every case needs to be brought in good faith.  Filing a claim that may not be in good faith leaves an opening for attorney fees and legal costs to be recovered.



Yes indeed. I saw this last night upon review. I maintain that "Good Faith" in putting forth a Defamation case is a problem even without these conflicting transmissions. I doubt very highly that a Judge would appreciate this arriving on his calender. He too, would be asking whether this is a hoax and I'll bet he would not be amused. At All. Confused

Ivan..............
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"Transformation is no easy trick: It's what art promises and usually doesn't deliver." Garrison Keillor

 
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