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Posted on 11/30/21 at 7:46 pm to sms151t
You lose some challenges once you have actually been indicted and/or jury trial according to a few I heard today. Certain phrases, white supremacist for example will be hard to challenge despite no evidence.
He has plenty of folks to choose from, needs to pick his best three and go at them. His mom also.
He has plenty of folks to choose from, needs to pick his best three and go at them. His mom also.
Posted on 11/30/21 at 8:29 pm to Wtodd
Heard Nick Rekieta in an interview say that Nick Sandman likely didn't get the 100's of millions that many have claimed. So far, it's likely he has gotten only a few 100K, or nothing at all.
Still more suits to come, and a big payoff could happen, but we'll likely never hear about it. At least not for few years.
So, the pay day may not be as big or coming as soon as some are being led to believe.
I hope he bankrupts them into oblivion.
Still more suits to come, and a big payoff could happen, but we'll likely never hear about it. At least not for few years.
So, the pay day may not be as big or coming as soon as some are being led to believe.
I hope he bankrupts them into oblivion.
This post was edited on 11/30/21 at 8:30 pm
Posted on 11/30/21 at 9:15 pm to dafif
You have a valid point that "white supremacist" is different from "racist", but I'm not sure how courts would handle it.
Statements of opinion are not actionable as defamation. This is primarily because opinions cannot be proven to be true or false. The defendant can simply say his opinion was based on a set of facts, even if those facts are later shown to be false (unless the defendant already knew those facts were false) Rittenhouse can never prove he is NOT racist, so its not actionable as a false statement.
I agree that the term "white supremacist" connotes some factual information beyond just being being racist. But its still an opinion. Whether such statements are actionable probably depends in the circumstances and context.
And in response to one claim above, opinion statements don't have to be prefaced with "in my opinion" or anything similar. If its not a statement of fact, then its an opinion or just commentary.
Statements of opinion are not actionable as defamation. This is primarily because opinions cannot be proven to be true or false. The defendant can simply say his opinion was based on a set of facts, even if those facts are later shown to be false (unless the defendant already knew those facts were false) Rittenhouse can never prove he is NOT racist, so its not actionable as a false statement.
I agree that the term "white supremacist" connotes some factual information beyond just being being racist. But its still an opinion. Whether such statements are actionable probably depends in the circumstances and context.
And in response to one claim above, opinion statements don't have to be prefaced with "in my opinion" or anything similar. If its not a statement of fact, then its an opinion or just commentary.
Posted on 11/30/21 at 9:20 pm to Dday63
I guess I’m confused about what qualifies as defamation. Isn’t everything opinion?
What’s an example of defamation that is a slam dunk?
What’s an example of defamation that is a slam dunk?
Posted on 11/30/21 at 9:23 pm to Stuttgart Tiger
quote:. If this is accurate and I have reason not to believe you then this will end up with generational frick you money
However, a private citizen (like Rittenhouse) just has to prove that the defamatory statement provided by the media or elected office wasn't true.
Posted on 11/30/21 at 9:24 pm to SouthEasternKaiju
quote:
Heard Nick Rekieta in an interview say that Nick Sandman likely didn't get the 100's of millions that many have claimed. So far, it's likely he has gotten only a few 100K, or nothing at all.
Still more suits to come, and a big payoff could happen, but we'll likely never hear about it. At least not for few years.
So, the pay day may not be as big or coming as soon as some are being led to believe.
Some of us here who actually litigate cases and are practicing lawyers were saying that from the getgo and were shouted down.
Glad to see you’ll listen to someone you happen to like
This post was edited on 11/30/21 at 9:27 pm
Posted on 11/30/21 at 9:59 pm to boosiebadazz
quote:
Glad to see you’ll listen to someone you happen to like
Well, he's right, isn't he? Liking him is more a result of his sane, informed opinion than anything else. Not sure what the problem is though
And fwiw, I didn't care all that much about the liable or slander of Sandmann, just that the truth came out. So I guess pat yourself on the back for calling it.
He also said there's more lawsuits coming, and settlements by those early on may end up helping nail others for an actual big pay day.
Or not.
Posted on 11/30/21 at 10:27 pm to sms151t
Have not seen not seen anything official, but supposedly a federal district judge allowed a filing to proceed to sue CNN for 400 million for defamation. Probably has a pretty good case considering the crap they spew.
Posted on 12/1/21 at 8:05 am to Dday63
I don’t necessarily disagree with your statements above.
The question any lawyer should ask is whether I can get this to a jury. If so, enough people despise the media to punish them. That’s why they settle.
Also, when the facts are that you shoot 3 white people and later you are called a white supremicist, that is demonstrably false and made with malice… at least arguably.
As for the op, no suits filed yet …
The question any lawyer should ask is whether I can get this to a jury. If so, enough people despise the media to punish them. That’s why they settle.
Also, when the facts are that you shoot 3 white people and later you are called a white supremicist, that is demonstrably false and made with malice… at least arguably.
As for the op, no suits filed yet …
Posted on 12/1/21 at 8:07 am to boosiebadazz
quote:
Some of us here who actually litigate cases
Agreed that he didn’t get hundreds of millions but he did settle and my best guess is well north of $100,000
Posted on 12/1/21 at 11:54 am to SouthEasternKaiju
quote:
Heard Nick Rekieta in an interview say that Nick Sandman likely didn't get the 100's of millions that many have claimed. So far, it's likely he has gotten only a few 100K, or nothing at all.
With what is now known about Lyn Wood and how he operates, I too wonder how much the Sandman's got for settling?
Posted on 12/1/21 at 1:02 pm to boosiebadazz
Robert Barnes has said that Rittenhouses case was a much, much weaker than Sandmanns because he was actually prosecuted and therefore it’s very hard to show the appropriate causation/damages, as the prosecution was an intervening cause.
ETA: people call OJ and Casey Anthony “murderer” on shows all the time to this day, but they can’t collect because they were charged.
Hell, Norm Macdonald would have been bankrupted by OJ for defamation if Rittenhouse had a case.
ETA: people call OJ and Casey Anthony “murderer” on shows all the time to this day, but they can’t collect because they were charged.
Hell, Norm Macdonald would have been bankrupted by OJ for defamation if Rittenhouse had a case.
This post was edited on 12/1/21 at 1:04 pm
Posted on 12/15/21 at 10:12 am to SquaringCircles
Has anyone seen these lawsuits yet? Or was it just some media speculating?
Posted on 12/15/21 at 10:30 am to Stuttgart Tiger
quote:
However, a private citizen (like Rittenhouse) just has to prove that the defamatory statement provided by the media or elected office wasn't true.
But, with all the media coverage, he became a public figure.
Sincerely,
The same media and celebrities who are about to get their asses sued unto oblivion.
Posted on 12/15/21 at 11:05 am to RemouladeSawce
quote:
The View “lawsuits” were broken on a random Twitter account with no sauces. Knowing people are this gullible is depressing as shite.
OMLandshark posted it here.
And then ran away when asked about it.
Posted on 12/15/21 at 11:23 am to LSUintheNW
Our news will be much better once "news anchors" are held accountable and not getting away with this nonsense.
Court Rules Rachel Maddow's Viewers Know She Offers Exaggeration and Opinion, Not Facts
Court Rules Rachel Maddow's Viewers Know She Offers Exaggeration and Opinion, Not Facts
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