CoinTalk liability - and ours ?

Discussion in 'Coin Chat' started by bahabully, Jan 24, 2011.

  1. green18

    green18 Unknown member Sweet on Commemorative Coins

    In Spanish, we always put a question mark both in front (be it upside down) and back just to make sure you CYA......:)
     
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  3. cpm9ball

    cpm9ball CANNOT RE-MEMBER

    I intended it to be an exclamatory remark rather than a question.

    Chris
     
  4. krispy

    krispy krispy

    The original line read rhetorically, if not shouted with help of the exclamation point (!) but I got what you were saying, just having some fun with this was all. ;)
     
  5. Conder101

    Conder101 Numismatist

    Who said anything about successfully? They have been sued though. In the original filing of the ACG law suit the newsgroup RCC was named as a defendant. It was dropped in the amended complaint.
     
  6. GDJMSP

    GDJMSP Numismatist Moderator

    And as I pointed out - all that matters is that you are sued. For once you are sued you have to pay the lawyers to get out of the suit or have the suit dropped. That cost money - a lot of money ! And if it cost money - you lose !
     
  7. Conder101

    Conder101 Numismatist

    And unlike RCC there are real ownership people here who could be named in such a suit. And while a lot of people might like to say that having the truth is a defense, like Doug says you still have to pay the lawyers. Several of the defendants in that suit would tell you that they had the truth on their side, and the case never even went to trial but by the time they were dropped from the case they had legal bills in the thousands or tens of thousands. They hd to pay out that money simply because someone filed a suit aganst them and then later dropped it.
     
  8. 10gary22

    10gary22 Junior Member

    I don't think in my case it even matters. My attorney said I am "Judgement Proof".
     
  9. 10gary22

    10gary22 Junior Member

    But when someone sues me, they open themselves up for a countersuit. Now that can make it interesting.
     
  10. GDJMSP

    GDJMSP Numismatist Moderator

    Sure it's interesting, because it costs you even more money. It's also a typical tactic - instigated by the lawyers. Lawyers don't file suits for free. Nor do they fight them for free. If you are involved in a suit from either side it costs you money and lots of it.
     
  11. green18

    green18 Unknown member Sweet on Commemorative Coins

    "The first thing we do, let's kill all the lawyers".......Henry VI
     
  12. medoraman

    medoraman Supporter! Supporter

    Very little of anything I have ever read here would reach the level of libel even enough to plausably bring a case to court. If someone went out of their way to spread bad information about a dealer or TPGer, knowing what they were saying was false, then it could be possible.

    Thing to remember, if you are going to bad mouth a specific company or person, is to only relate known facts, known personally by you, and not what you have heard from others. Anything other than that could potentially be grounds for a suit. Most everything here I have read, though, are about markets or generalities, or their own personal experiences with a firm. I have probably come as close here as any, discussing TPG'ers, but I used as my basis a newspaper article quoting a TPG grader, so I thought I had that much protection.

    Chris
     
  13. GDJMSP

    GDJMSP Numismatist Moderator

    Nobody ever has any protection. And it doesn't matter if what you say is true or not - you can still be sued for it. And if you are sued it's going to cost you - period. Whether or not you are right or wrong has nothing to do with it.

    Your only real defense is to use your common sense and not say anything that somebody might want to sue you for.
     
  14. 10gary22

    10gary22 Junior Member

    I think that's sound advice. My attorney (a Godson) has taken pretty good care of me so far, but I wouldn't want to create any more work for him unless he could get a big payday. In my state I believe you can countersue when sued and entities such as the Casinos may do just that. Then losers get both attorney's bills with costs and any other damages that might be awarded. It's a slippery slope for sure.

    IN MY OWN UNINFORMED OPINION THAT SHOULD NOT BE TAKEN IN ANY FORM WHATSOEVER AS A BASIS OF TRUTH OR FACT AS THE AUTHOR HAS BEEN DEEMED MENTALLY INCOMPETENT AND KNOWN TO SPOUT WORDS QUITE MEANINGLESSLY. WHO ALSO POSSESSES NO TANGIBLE ASSETS AND CONSIDERED "JUDGEMENT PROOF".

    Who may also be accessing this computer without proper authorization and without knowledge nor permission of his guardians. Who is also under medication at this time.

    The above opinions are solely those of the author for fictional entertainment purposes only and not those of
    CoinTalk, Yahoo, Google, Microsoft, AT&T, Verizon or any other ISP nor any involved or uninvolved third parties.
     
  15. GeorgeM

    GeorgeM Well-Known Member

    Except in very unusual cases (more on that in a second), speaking verifiable facts is a defense against libel and slander. If you can verify the facts you wrote or spoke, courts will likely entertain a pre-trial motion (saving quite a bit in legal bills). You could then file a countersuit to recover your money / stop someone from trying to SLAPP you around.

    There was a case that came up in Massachusetts illustrating when the truth alone may not shield you from charges:
    http://www.niemanlab.org/2009/02/the-most-dangerous-libel-decision-in-decades/
     
  16. EyeEatWheaties

    EyeEatWheaties Cent Hoarder

    anyone can be sued for anything. However I doubt it ever made the courts. Maybe, if the owner of the board got into posting something illegal.

    For $200 you can have an attorney write a letter that will scare the pants out of you and certainly look and feel like a suit.


    There is no problem with message boards until a blatant illegal activities are supported by the owner of that board. The owners of most large MB's typically aren't around anymore or post under aliases.


    I moderate on a huge MB that is the industry leader/portal for info and trends.

    I doubt that suit ever happened. Nasty grams from attorneys, yeah that happens.
     
  17. EyeEatWheaties

    EyeEatWheaties Cent Hoarder

    I am suing you for all the coins that I paid too much for. It is your fault because you keep telling not to use eBay and called me unknowledgable for doing so ! ..

    So if you cease and desist, I will drop my suit :)





















    jokes doug.... jokes!



    OH CRAP- i didn't realize/ read the other pages... sorry for the redundancy
     
  18. Conder101

    Conder101 Numismatist

    That's because if anyone does post something potentially libelous it get pulled.

    But it is possible to run up a pretty good legal bill before it even gets to the point of filing the pretrial motions.
     
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