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Author Topic: I do believe a PSW member wants to sue me.  (Read 18393 times)

jimlongo

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rnicklaus

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Re: I do believe a PSW member wants to sue me.
« Reply #46 on: October 15, 2008, 04:53:18 pm »

You are making my point - This is not a legal forum.  A "real deal" to a non lawyer means just that.  THIS IS THE REAL DEAL.  Your words.


dguidry wrote on Wed, 15 October 2008 13:47

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 #47 on: October 15, 2008, 05:00:51 pm »

dguidry wrote on Wed, 15 October 2008 16:47

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.



I think it's doubtful that your language would be interpreted the way you believe it would. "In all seriousness, this is the real deal" can not mean 'Really, I need your help here'.{paraphrasing}. You would be asking the court to re-imagine how English speaking people communicate altogether.

I think "Deal" refers to the contract in question. I think "Real" at least implies that that you believe it to be complete enough to offer it. Deal Memo or otherwise, I think the intent of the language used is quite clear.

I'm not a Lawyer and I know that a deal memo is not binding, {in most cases. But use caution, as it's been pointed out by people who know LOTS more than me, deal memos have turned into nasty contracts over night. It happens}.

Ivan.......................
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duckhunter

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Re: I do believe a PSW member wants to sue me.
« Reply #48 on: October 15, 2008, 05:35:17 pm »

Ivan...or John as some might know you, how are Mr. Mitchum and Mr.Bower?  I trust they are doing well?

How would you like it if I lied to the venue managers and promoters where Rare Earth plays and told them the guitar player was a drug addict and a thief?  That's no different than telling my artists I am a thief and disreputable lawyer. I have never had a complaint filed against me with the bar in over 25 year of practice...a rarity for an attorney.  I don't think you contacted my artists, but you incited others to do so and that was ethically wrong.
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John Ivan

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Re: I do believe a PSW member wants to sue me.
« Reply #49 on: October 15, 2008, 06:03:54 pm »

dguidry wrote on Wed, 15 October 2008 17:35

Ivan...or John as some might know you, how are Mr. Mitchum and Mr.Bower?  I trust they are doing well?

How would you like it if I lied to the venue managers and promoters where Rare Earth plays and told them the guitar player was a drug addict and a thief?  That's no different than telling my artists I am a thief and disreputable lawyer. I have never had a complaint filed against me with the bar in over 25 year of practice...a rarity for an attorney.  I don't think you contacted my artists, but you incited others to do so and that was ethically wrong.



My Full Name is : John Ivan Greilick. My Mom started the Ivan bit years ago, then we started a band called "The Trouble With Johnny" and so Johnny stuck for a while. Then, in 1990{?} {God, I'm getting old}, we went to L.A. And rehearsed a Band named "Filth Eater", a nod to some Aztec Goddess that consumes your sins before you die? I guess? and we Rehearsed at "Audible" in Burbank for months on end it seemed, while we played the strip at night. Crazy days. It was lots of fun, I guess. Anyway, that's when I zipped all the hair off my head and the name Ivan was back for good.. Some people just call me HEY!

Um, I don't know who Mitchum and Bower are off the top of my head. I take it we played a show where these guys are promoters? Or Agents? I don't know..

What I do know though is that I never told anyone you were a thief or a disreputable Lawyer. Never. I am willing to state here and now though, that I seriously question your judgment based only upon what I've read here in this public Forum.

Now, I don't understand what you are all up in arms about. I've been asking you this question for quite some time now. If your reputation as a Layer,a Producer, an Engineer or what ever you fancy yourself as these days is so fragile that you can't bare hearing apposing opinions based on what YOU write, then I don't know what to tell you. You came here looking for answers. You got them. You don't like them. Someone in Law School has you convinced that this is grounds for suing people.

I haven't done anything to you. The idea that I "Incited" anyone to do anything is laughable. I have no problems sleeping at night. I have given my opinion at your request. You know this. You just don't like what I said, that's all. And that's fine.

If you feel that your reputation has been damaged somehow, I would suggest you take a very serious look at how and why this happened. You came here and outlined the most unethical deal anyone here has ever seen, and then back pedaled on whether or not you were being serious. The fact that people might have pointed this out to the rest of the world is something you should not be crying about.

What did you think would happen?

Ivan..................
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rankus

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Re: I do believe a PSW member wants to sue me.
« Reply #50 on: October 15, 2008, 06:04:19 pm »

John Ivan wrote on Wed, 15 October 2008 14:00

 a deal memo is not binding, {in most cases. But use caution, as it's been pointed out by people who know LOTS more than me, deal memos have turned into nasty contracts over night. It happens}.

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


Worth repeating. Use caution. Memos can be binding depending on the wording. Any "napkin note" implying intent is a contract.


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rnicklaus

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Re: I do believe a PSW member wants to sue me.
« Reply #51 on: October 15, 2008, 06:08:56 pm »

dguidry wrote on Wed, 15 October 2008 14:35

Ivan...or John as some might know you, how are Mr. Mitchum and Mr.Bower?  I trust they are doing well?

How would you like it if I lied to the venue managers and promoters where Rare Earth plays and told them the guitar player was a drug addict and a thief?  That's no different than telling my artists I am a thief and disreputable lawyer. I have never had a complaint filed against me with the bar in over 25 year of practice...a rarity for an attorney.  I don't think you contacted my artists, but you incited others to do so and that was ethically wrong.


Shocked
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John Ivan

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Re: I do believe a PSW member wants to sue me.
« Reply #52 on: October 15, 2008, 06:10:24 pm »

rnicklaus wrote on Wed, 15 October 2008 18:08

dguidry wrote on Wed, 15 October 2008 14:35

Ivan...or John as some might know you, how are Mr. Mitchum and Mr.Bower?  I trust they are doing well?

How would you like it if I lied to the venue managers and promoters where Rare Earth plays and told them the guitar player was a drug addict and a thief?  That's no different than telling my artists I am a thief and disreputable lawyer. I have never had a complaint filed against me with the bar in over 25 year of practice...a rarity for an attorney.  I don't think you contacted my artists, but you incited others to do so and that was ethically wrong.


Shocked

Yeah, it's cute stuff. I don't get it. Laughing

Ivan................. Laughing  Laughing
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RSettee

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Re: I do believe a PSW member wants to sue me.
« Reply #53 on: October 15, 2008, 07:51:38 pm »

Bill Mueller wrote on Wed, 15 October 2008 11:36

Tom L wrote on Wed, 15 October 2008 12:24

John Ivan wrote on Tue, 14 October 2008 17:02

Much to my horror, when I got home, I realized I had filed a Lawsuit against myself! It wasn't easy, but I got me to drop the case against me.. It was, well, just weird.


It must have still cost you a fortune in legal fees, unless of course you represented yourselves.


Puleeeze!

That would be crazy! Shocked

Everyone knows you should NEVER represent yourselves in court.

Best regards,

Bill


I'd find a "self production" vs "self lawyering" debate mighty funny about now.....should you produce yourself? Should you represent yourself in court? Bwahahhaaaa...
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RSettee

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Re: I do believe a PSW member wants to sue me.
« Reply #54 on: October 15, 2008, 07:53:55 pm »

http://www.roflcat.com/images/cats/270911970_db35fdd4ca.jpg
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Hallams

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Re: I do believe a PSW member wants to sue me.
« Reply #55 on: October 15, 2008, 08:31:47 pm »

dguidry wrote on Thu, 16 October 2008 08:35

Ivan...or John as some might know you, how are Mr. Mitchum and Mr.Bower?  I trust they are doing well?

How would you like it if I lied to the venue managers and promoters where Rare Earth plays and told them the guitar player was a drug addict and a thief?  That's no different than telling my artists I am a thief and disreputable lawyer. I have never had a complaint filed against me with the bar in over 25 year of practice...a rarity for an attorney.  I don't think you contacted my artists, but you incited others to do so and that was ethically wrong.


None of my business all of this stuff ( exept i don't like to see this small net community pulled down to the muddy level of the rule of law) ...... but from sitting back here on the other side of the Pacific, this threat of litigation resulting from what has developed on this thread, is the personification of a cultural malaise that has diminished the quality of life and interpersonal relationships in the good ol USA.
  My gut response is to declare "shame on you" Mr dguidry, but i'm really not into shaming anyone. Im much more inclined to ask you to read the signature at the bottom of Ross Hogarths posts and put it into practice when you grace this forum with your presence.
If you tried to pull a stunt like this , on this side of the Pacific ...... we would tell you to piss off and get a life.
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John Ivan

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Re: I do believe a PSW member wants to sue me.
« Reply #56 on: October 15, 2008, 08:32:36 pm »

RSettee wrote on Wed, 15 October 2008 19:53

http://www.roflcat.com/images/cats/270911970_db35fdd4ca.jpg

Laughing  Laughing  Laughing  Laughing  Laughing

Man, there's something about this cats look! My man aint playin' no GAMES!  Jeez, he/she? is one serious cat!

Ivan.........................
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RSettee

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Re: I do believe a PSW member wants to sue me.
« Reply #57 on: October 15, 2008, 09:24:51 pm »

John Ivan wrote on Wed, 15 October 2008 19:32

RSettee wrote on Wed, 15 October 2008 19:53

http://www.roflcat.com/images/cats/270911970_db35fdd4ca.jpg

Laughing  Laughing  Laughing  Laughing  Laughing

Man, there's something about this cats look! My man aint playin' no GAMES!  Jeez, he/she? is one serious cat!

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


Heh, yeah, "serious cat" is a bit of a legend with onliners. The "Lolcats" series is pretty funny, too.

Someone did an election poster photoshop thing of serious cat's face over Obama's....i'll see if I can find it, I laughed continuously for about a minute and a half.

Edit: found this one instead--i'm still laughing!

http://i58.photobucket.com/albums/g262/lordofcrayons/NuggetsCat.jpg
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maxim

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Re: I do believe a PSW member wants to sue me.
« Reply #58 on: October 15, 2008, 09:41:51 pm »

i hope i don't get sued for this but i'm starting to think that dean guidry is just an 11 yr old boy pulling our collective legs (if it's not his chronological age, then it's definitely his mental age)

as evidence, i present an email i found in my myspace inbox:



"myspace.com/studio89rocks
Date: 26 Apr 2008, 02:28 AM

Subject: Your music sucks

Body: Just an honest opinion. You cannot sing or play guitar. You have no future. End the inner torment now before its too late.

The SWAMPDOCTORS"



whilst you and i might agree with his assessment, you must accept that it's a very CHILDISH outburst

i'm talking about DEAN GUIDRY and the SWAMPDOCTORS

who?

DEAN GUIDRY and the SWAMPDOCTORS

google them...

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John Ivan

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Re: I do believe a PSW member wants to sue me.
« Reply #59 on: October 15, 2008, 09:53:39 pm »

maxim wrote on Wed, 15 October 2008 21:41

i hope i don't get sued for this but i'm starting to think that dean guidry is just an 11 yr old boy pulling our collective legs (if it's not his chronological age, then it's definitely his mental age)

as evidence, i present an email i found in my myspace inbox:



"myspace.com/studio89rocks
Date: 26 Apr 2008, 02:28 AM

Subject: Your music sucks

Body: Just an honest opinion. You cannot sing or play guitar. You have no future. End the inner torment now before its too late.

The SWAMPDOCTORS"



whilst you and i might agree with his assessment, you must accept that it's a very CHILDISH outburst

i'm talking about DEAN GUIDRY and the SWAMPDOCTORS

who?

DEAN GUIDRY and the SWAMPDOCTORS

google them...





Nice! On top of all this other none sense,here we have a guy who can't dig "Inner City Tango".. Poor guy.. I think that your tunes are quite interesting Maxim. There is a strange and mysterious vibe about your stuff that I dig a lot.. You play guitar just fine and you have your VERY OWN singing style..

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