Getting sued for what you say on a messageboard

[Roland Delacroix]

Yeah but the board he flamed on totally sucks anyway. And the CEO sucks hairy monkey balls.

 

[Tsyr]

Sorry Col, for once I have to disagree with you. There is a line between critisizing someone and true slander; from the story the guy who got sued for 450,000 was the former, not the latter. There are companies who try to sue people for just critisizing them.

I was actualy considering purchasing a Xybernaut if I ever got the money, not now though...

 

[Horacio]

I agree with Tsyr. When a big company (or a small one) wants to sue you, it has enough money (even a small company) to sink you in without hesitation. And the line between diffamation and critic is very very thin. Not good news

 

[ColonelHardisson]

Sorry Col, for once I have to disagree with you. There is a line between critisizing someone and true slander; from the story the guy who got sued for 450,000 was the former, not the latter. There are companies who try to sue people for just critisizing them.

I was actualy considering purchasing a Xybernaut if I ever got the money, not now though...

I don't really disagree with anything you've said, but I just re-read the article and there is no account of what the guy actually posted, or was alleged to have posted. So in that particular instance it's tough to make a call about it one way or the other.

EDIT: Ah, yes, on page two, part way down. Here is what he was alleged to have said, in part:

I have been dealing with the Newmans and XYBR and they are the most incompetent management I have ever seen," the suit quoted Whatley writing in one post, under his handle, dan7. "If Steve Newman was not a relative his job would consist of ... 'Would you like fries with that?'"

Whatley also called the Newmans "liars" in several different posts.

Could this be considered slander? I don't know; I'm asking.

 

[Frostmarrow]

I was wondering. I realise that it's pretty easy to track a certain computer down since all web-activity leaves a trail of loggfiles. However, how do they prove who have used a certain computer? I mean, I'm not the only one using my computer and I suspect that that is the case for most. Certainly it's possible to flame someone whilst hiding behind someone elses account. What will happen if someone submits company flame from my IP-number unbeknownst of me?

 

[Tsyr]

IANAL, but...

The first charge is just an opinion, not slander.

The second charge is a touch iffy, but it's more speculation than anything else, not a statement of fact (due to the word "if")

The "liar" statement is the one that might be shakey legaly, but if he was lied to...

 

[JPL]

If a third-year law student can offer an opinion — the only reason this guy lost his case is because he never showed up to court. Those default judgments hurt — but otherwise, why would you ever show up to court just to be sued?
I wasn’t aware that any jurisdiction allowed service via certified mail — normally, it’s in person (as seen on TV).
The plaintiffs here don’t have much of a case, and I’m surprised, on the facts presented, that the court didn’t just throw the suit out. Given the context, this falls well short of libel.
He’ll appeal, and he’ll win, unless the plaintiffs can prove that he WAS served, and just decided to ignore the suit.
So...as long as you don’t tell lies for the purpose of harming an individual or organization, you’re good.

 

[Storm Raven]

If a third-year law student can offer an opinion — the only reason this guy lost his case is because he never showed up to court. Those default judgments hurt — but otherwise, why would you ever show up to court just to be sued?
I wasn’t aware that any jurisdiction allowed service via certified mail — normally, it’s in person (as seen on TV).

Let me answer this as a practicing lawyer. I will note that I am not offering legal advice to anyone, the statements I make here are for informative and educational purposes only.

Virginia does at least. Actually, most states allow this, especially for out of state defendants. The typical methodology is that you provide the best address you can find for the defendant, and submit the certified letter to the Secretary of State for your state (in Virginia this is called the Secretary of the Commonwealth), who then certifies that they have received it, and mails it to the defendant. The receipt from the certified mail tracks who received the notice an when. This is one of the most common way for corporations from different states to initiate suits against other corporations, so it does not surprise me that this would be used in this circumstance.

The plaintiffs here don’t have much of a case, and I’m surprised, on the facts presented, that the court didn’t just throw the suit out.

In a default judgment, no facts are presented. All allegations made by the plaintiff are uncontested and do not need to be supported with evidence other than affidavits from the complaining witnesses. I assume that in this case the plaintiff corporation submitted affidavits from the officers of the corporation supporting its case and copies of the relevant documents when it filed the initial complaint. Since there was nothing refuting this material, it is unchallenged evidence and a judgment will be granted.

Given the context, this falls well short of libel.

Perhaps, but we won't know that since he didn't defend the suit.

He’ll appeal, and he’ll win, unless the plaintiffs can prove that he WAS served, and just decided to ignore the suit.

I don't know what grounds he might appeal on, since you must have a reversible error of fact that was objected to at the time of the suit in order to have grounds for appeal. I suppose he could make a personal jurisdiction issue out of it, but service is not a jursidictional issue and he would be best off waiting until they tried to enforce the judgment in his home state if he is out of state, and contesting on that basis.

As to the service issue itself, he probably will have a hard time making that case. Most courts won't grant a judgment by default unless the plaintiff shows on the record that he has followed the procedures for serving the defendant and has evidence that the defendant has been properly served. In point of fact, since the default period doesn't begin to run until the certificate of service is on file with the court, there has to be some evidence in that case file that shows the defendant got the material, or had constructive notice of the material.

In Virginia you can ask for reconsideration within 21 days of the issuance of an order, but that may have elapsed, and it is entirely discretionary with the judge as to whether to allow that or not.

So...as long as you don’t tell lies for the purpose of harming an individual or organization, you’re good.

Not necessarily. Telling lies even with benign intent can lead you to trouble if your statements are falsehoods.

 

[PenguinKing]

Not necessarily. Telling lies even with benign intent can lead you to trouble if your statements are falsehoods.

Yes, but upon whom does the burden of proof fall here? Is it the plaintiff's responsibility to prove that the defendant lied, or the defendant's responsibility to prove that his statements were factual?

(F'rex, whether claiming that someone only has their job because of family connections gets you dinged depends entirely on the above - it would be nearly impossible for the individual upon whom the burden of proof falls to make a case either way.)

- Sir Bob.

P.S. Nih!

 

[Storm Raven]

Yes, but upon whom does the burden of proof fall here? Is it the plaintiff's responsibility to prove that the defendant lied, or the defendant's responsibility to prove that he didn't lie?

Under the common law methodology (which many states still use), the truth of the statements at issue is an affirmative defense to a libel or slander suit, and must be specifically pleaded and proved by the defendant. So, proving whether or not the statements at issue are true is the burden of the defendant.