Notices |
Hello!
Either you have not registered on this site yet, or you are registered but have not logged in. In either case, you will not be able to use the full functionality of this site until you have registered, and then logged in after your registration has been approved.
Registration is FREE, so please register so you can participate instead of remaining a lurker....
Please note that the information requested during registration will be used to determine your legitimacy as a participant of this site. As such, any information you provide that is determined to be false, inaccurate, misleading, or highly suspicious will result in your registration being rejected. This is designed to try to discourage as much as possible those spammers and scammers that tend to plague sites of this nature, to the detriment of all the legitimate members trying to enjoy the features this site provides for them.
Of particular importance is the REQUIREMENT that you provide your REAL full name upon registering. Sorry, but this is not like other sites where anonymity is more the rule.
Also your TRUE location is important. If the location you enter in your profile field does not match the location of your registration IP address, then your registration will be rejected. As such, I strongly urge registrants to avoid using a VPN service to register, as they are often used by spammers and scammers, and as such will be blocked when discovered when auditing new registrations.
Sorry about all these hoops to jump through, but I am quite serious about blocking spammers and scammers at the gate on this site and am doing the very best that I can to that effect. Trust me, I would rather be doing more interesting things with my time, and wouldn't be making this effort if I didn't think it was worthwhile.
|
General Business Discussions This is a general purpose forum open to business related topics concerning Reptiles and Amphibians that are neither appropriate for the Board of Inquiry, nor sales, purchase, or trade solicitations. |
10-11-2006, 06:40 AM
|
#1
|
|
Jury awards $11.3M over defamatory Internet Posts
I thought this was interesting considering some of the posts on the BOI.
Quote:
Jury awards $11.3M over defamatory Internet posts
Posted 10/10/2006 10:07 PM ET E-mail | Save | Print | Reprints & Permissions | Subscribe to stories like this Subscribe to stories like this
By Laura Parker, USA TODAY
A Florida woman has been awarded $11.3 million in a defamation lawsuit against a Louisiana woman who posted messages on the Internet accusing her of being a "crook," a "con artist" and a "fraud."
Legal analysts say the Sept. 19 award by a jury in Broward County, Fla. — first reported Friday by the Daily Business Review — represents the largest such judgment over postings on an Internet blog or message board. Lyrissa Lidsky, a University of Florida law professor who specializes in free-speech issues, calls the award "astonishing."
Lidsky says the case could represent a coming trend in court fights over online messages because the woman who won the damage award, Sue Scheff of Weston, Fla., pursued the case even though she knew the defendant, Carey Bock of Mandeville, La., has no hope of paying such an award. Bock, who had to leave her home for several months because of Hurricane Katrina, couldn't afford an attorney and didn't show up for the trial.
"What's interesting about this case is that (Scheff) was so vested in being vindicated, she was willing to pay court costs," Lidsky says. "They knew before trial that the defendant couldn't pay, so what's the point in going to the jury?"
Scheff says she wanted to make a point to those who unfairly criticize others on the Internet. "I'm sure (Bock) doesn't have $1 million, let alone $11 million, but the message is strong and clear," Scheff says. "People are using the Internet to destroy people they don't like, and you can't do that."
The dispute between the two women arose after Bock asked Scheff for help in withdrawing Bock's twin sons from a boarding school in Costa Rica. Bock had disagreed with her ex-husband over how to deal with the boys' behavior problems. Against Bock's wishes, he had sent the boys to the boarding school.
Scheff, who operates a referral service called Parents Universal Resource Experts, says she referred Bock to a consultant who helped Bock retrieve her sons. Afterward, Bock became critical of Scheff and posted negative messages about her on the Internet site Fornits.com, where parents with children in boarding schools for troubled teens confer with one another.
In 2003, Scheff sued Bock for defamation. Bock hired a lawyer, but he left the case when she no longer could afford to pay him.
When Katrina hit in August 2005, Bock's house was flooded and she moved temporarily to Texas before returning to Louisiana last June. Court papers that Scheff and her attorney David H. Pollack mailed to Bock were returned to Pollack's office in Miami.
After Bock didn't offer a defense, a Broward Circuit Court judge found in favor of Scheff. A jury then heard Scheff's arguments about damages. Pollack did not seek a specific amount for the harm he says Scheff's business suffered.
"Even with no opposing counsel and no defendant there, $11 million is a huge amount," says Pollack, adding that Scheff is considering whether to try to collect any money from Bock. "The jury determined this was a significant enough issue. It's not just somebody's feelings are hurt; it's somebody's reputation is ruined."
Bock says that when she moved back to her repaired house over the summer, she knew the trial was approaching but did not know the date. She says she doesn't have the money to pay the judgment or hire a lawyer to appeal it. She adds that if the goal of Scheff's lawsuit was to stifle what Bock says online, it worked.
"I don't feel like I can express my opinions," Bock says. "Only one side of the story was told in court. Nobody heard my side."
Posted 10/10/2006 10:07 PM ET E-mail | Save | Print | Reprints & Permissions | Subscribe to stories like this Subscribe to stories like this
By Laura Parker, USA TODAY
A Florida woman has been awarded $11.3 million in a defamation lawsuit against a Louisiana woman who posted messages on the Internet accusing her of being a "crook," a "con artist" and a "fraud."
Legal analysts say the Sept. 19 award by a jury in Broward County, Fla. — first reported Friday by the Daily Business Review — represents the largest such judgment over postings on an Internet blog or message board. Lyrissa Lidsky, a University of Florida law professor who specializes in free-speech issues, calls the award "astonishing."
Lidsky says the case could represent a coming trend in court fights over online messages because the woman who won the damage award, Sue Scheff of Weston, Fla., pursued the case even though she knew the defendant, Carey Bock of Mandeville, La., has no hope of paying such an award. Bock, who had to leave her home for several months because of Hurricane Katrina, couldn't afford an attorney and didn't show up for the trial.
"What's interesting about this case is that (Scheff) was so vested in being vindicated, she was willing to pay court costs," Lidsky says. "They knew before trial that the defendant couldn't pay, so what's the point in going to the jury?"
Scheff says she wanted to make a point to those who unfairly criticize others on the Internet. "I'm sure (Bock) doesn't have $1 million, let alone $11 million, but the message is strong and clear," Scheff says. "People are using the Internet to destroy people they don't like, and you can't do that."
The dispute between the two women arose after Bock asked Scheff for help in withdrawing Bock's twin sons from a boarding school in Costa Rica. Bock had disagreed with her ex-husband over how to deal with the boys' behavior problems. Against Bock's wishes, he had sent the boys to the boarding school.
Scheff, who operates a referral service called Parents Universal Resource Experts, says she referred Bock to a consultant who helped Bock retrieve her sons. Afterward, Bock became critical of Scheff and posted negative messages about her on the Internet site Fornits.com, where parents with children in boarding schools for troubled teens confer with one another.
In 2003, Scheff sued Bock for defamation. Bock hired a lawyer, but he left the case when she no longer could afford to pay him.
When Katrina hit in August 2005, Bock's house was flooded and she moved temporarily to Texas before returning to Louisiana last June. Court papers that Scheff and her attorney David H. Pollack mailed to Bock were returned to Pollack's office in Miami.
After Bock didn't offer a defense, a Broward Circuit Court judge found in favor of Scheff. A jury then heard Scheff's arguments about damages. Pollack did not seek a specific amount for the harm he says Scheff's business suffered.
"Even with no opposing counsel and no defendant there, $11 million is a huge amount," says Pollack, adding that Scheff is considering whether to try to collect any money from Bock. "The jury determined this was a significant enough issue. It's not just somebody's feelings are hurt; it's somebody's reputation is ruined."
Bock says that when she moved back to her repaired house over the summer, she knew the trial was approaching but did not know the date. She says she doesn't have the money to pay the judgment or hire a lawyer to appeal it. She adds that if the goal of Scheff's lawsuit was to stifle what Bock says online, it worked.
"I don't feel like I can express my opinions," Bock says. "Only one side of the story was told in court. Nobody heard my side."
|
|
|
|
10-12-2006, 12:30 AM
|
#2
|
|
Wow. That's a rediculous amount for such a judgement.
The defendants failure to appear I'm sure played a significant role in that.
What it would boil down to in this or any such case would be whether the accusations were founded.
While nobody can really predict the outcome of many of these cases these days, one would think that if the person who made the statement could actually provide evidence that the other person was indeed what they claimed they were, then it wouldn't be defamation, it would be the truth.
But in a country where you can sue Mickey D's because you are too stupid to know coffee will burn you, I guess anything can happen.
It would be interesting to know though just why that woman accused the other of being a con artist. Whether the claim was founded or not.
|
|
|
Join
now to reply to this thread or open new ones
for your questions & comments! FaunaClassifieds.com
is the largest online community about Reptile
& Amphibians, Snakes, Lizards and number one
classifieds service with thousands of ads to look
for. Registration is open to everyone and FREE.
Click Here to Register!
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
All times are GMT -4. The time now is 01:24 AM.
|
|