7264Re: [Adria-Umbria] Make informed decisions, do your own research, don't follow blindly...
- Jan 25View Source
Better question is, if we lose will any of us want to "play" any longer. I would fear even speaking to any of you for fear of being sued by thin skinned crybabies. Please bring back the John Wayne theory of life. People need to get tough and stop crying about such petty shit. Oh lord I cussed someone will choose to be offended and I will have to further pussify myself to enable the pansies their entitlements... eff those people, seriously.On Jan 24, 2014 10:47 AM, "James Sheppard" <saintuspuck@...> wrote:
Unto the Estates of the Adrian Empire, I have gathered information online to help put things into perspective. I am not an expert, I am not a lawyer, what I put here is my opinion from the research I have done regarding the current status.
First and Foremost both attorneys want to win their case and get paid, that is partially their job. That being said this is a civil case in Florida in Broward County which means the laws of Broward County regarding slander/libel is what will be used in this case not laws from somewhere else.
What is Defamation?
The law of defamation has been defined in the West for centuries, and the Internet variety holds to that same basic outline with a few twists. Defamation is the act of making an untrue statement to a third party that damages the subject's reputation. There are several subcategories of Defamation, being Libel and Slander. Libel is Defaming in a printed forum, such as a newspaper or magazine. Slander is spoken Defamation, and could be made person-to-person, or also broadcast over a radio or television.
Technically, Defamation actionable at law follows this schema:
1. A false and defamatory statement regarding another;
2. Unprivileged publication of the claim to a third party;
3. Rising, in the case of matters of public concern, to at least negligence by the publisher, or worse; and
4. Damages to the subject.
In a slander situation, you have to prove special damage in all except 4 situations. These include: the implication that you have a contagious disease such as HIV or tuberculosis; that you have committed a criminal offense; that you are unchaste or that you have committed adultery; your professional reputation is called into question.
So if The Adrian Empire is found guilty, including the two named individuals in the case we will be out some money. What that money is we don’t know yet, it could be $12,000 as stated by the letter received from our attorney, it could also be more. As of 2010, there were punitive damage limits in place in the state of Florida regarding civil cases. Under state law, punitive damages are limited to three times what the compensation damages are or $500,000, whichever of the two is larger. That number is increased to four times compensation or $2 million, whichever is larger, when the defendant's conduct was motivated by financial gain or that person knew harm would occur based on the action. This leaves a wide open range as there is no cap given on what is considered appropriate compensation, meaning rulings can easily go into the millions of dollars.
Florida state law specifically mentions online defamation as a chargeable offense. This was challenged in the Florida Supreme Court in 2010, but the ruling was unanimous that a person out of state posting defamatory material online could be sued by a Florida resident for defamation and damages. An outstanding example of this is a 2006 case where a jury awarded $11 million to the plaintiff in compensation and damages based on online defamation made by a defendant in the state of Louisiana.
That could be a lot of money out of the Adrian Empire’s pocket if we lose the case. Our insurance “should” cover that cost if we lose. Our insurance will cover the costs of our attorney if we win, “hopefully”. I do not know for certain because I have not read the fine print in our insurance binder. What will our insurance company do if we lose? Only they can really say, it’s possible they will drop us, it may be very hard to find a new carrier. They may keep us and increase our premiums. We won’t know for sure until “if” it happens.
We all have our opinions on whether we will win or lose this case but the reality is if we lose this case will there be an Adrian Empire for us to still play in?