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Why suing can be good :)

Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
http://news.bbc.co.uk/1/hi/world/americas/7072404.stm
Defence attorney Jonathan Katz's argument that the $2.9m in compensatory damages already far exceeded the defendants' net worth and would be enough to "bankrupt them and financially destroy them" was ignored.

Really I wouldn't blame the father of the soldier if he smashed their heads in. Some people in the world are just mental.

Comments

  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    Hmmm that church seems to make some valid points though.... :p
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    Good. Hope it ruins the cunts.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    They are nasty, but this is censorship which I've never liked. There must be a better way to approach this.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    budda wrote: »
    There must be a better way to approach this.
    The traditional way would have involved the relatives of the person being buried kicking seven shades of shit out of the cunts until they decided not to picket any more funerals.

    That is certainly the option I would take if I ever saw anyone picketing the funeral of a loved one...
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    Or perhaps a court order saying they can't do their thing within such and such distance of a funeral?
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    Runnymede wrote: »
    Or perhaps a court order saying they can't do their thing within such and such distance of a funeral?

    Bingo. A sensible approach, but then when has the US 'justice' system ever gone for that.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    Runnymede wrote: »
    Or perhaps a court order saying they can't do their thing within such and such distance of a funeral?

    If I remeber correctly there are such rules in certain states where the WBC have been causing problems.

    I'm glad that somebody finaly got to those slimey little bastards. However, I am somewhat worried about the legal precedence that this sets for dealing with protesters.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    I'm glad that somebody finaly got to those slimey little bastards. However, I am somewhat worried about the legal precedence that this sets for dealing with protesters.

    If it now means you can be sued if you have caused someone else offence that's a legal gray area that can be used for a whole lot of other things.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    It's a good point actually. If they already impose Court orders stalkers and obsessives from being within x number of feet/metres of somebody, there is no reason why they cannot do the same to this lot.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    budda wrote: »
    If it now means you can be sued if you have caused someone else offence that's a legal gray area that can be used for a whole lot of other things.

    exactly, the devil is in the details, particularly the reasons that the judge gave for his ruling.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    budda wrote: »
    Bingo. A sensible approach, but then when has the US 'justice' system ever gone for that.




    Why try and poison the rat when you simply drive over it with your steamroller?

    I agree with it, people breach restraining orders all the time, harder to get away with not stumping up several million in damages.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    Whilst I'm delighted to see this filth get bankrupted, it does concern me with the implication for other protesters.

    That said, though, the right to protest doesn't give you the right to libel or insult other people, and a few slander lawsuits might teach a few protesters a few lessons. Certainly companies are already starting to sue people on websites for slander, including the charming directors of Sheffield Wednesday FC.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    There was already a rule about protesting within so many metres of a funeral in most states to my knowledge. I agree, you can't have laws about offending people.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    There was already a rule about protesting within so many metres of a funeral in most states to my knowledge. I agree, you can't have laws about offending people.

    it's not a law, it's only a ruling in a civil claims court. The trouble is that it (combined with other rulings) can set an example of how someone should interpret the law in future court cases.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    it's not a law, it's only a ruling in a civil claims court. The trouble is that it (combined with other rulings) can set an example of how someone should interpret the law in future court cases.

    But it's not simply compensation based on lost income, or whatever else you might expect of a civil claims court. The judge himself said that it was specifically about making it financially impossible for this group to operate. He's basically bankrupted them because he doesn't agree with what they say, which is bullshit.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    But it's not simply compensation based on lost income, or whatever else you might expect of a civil claims court. The judge himself said that it was specifically about making it financially impossible for this group to operate.
    I wasn't trying to argue with that, I was just pointing out that the ruling doesn't constitute a law.

    He's basically bankrupted them because he doesn't agree with what they say, which is bullshit.
    I think that is somewhat questionable. The deffence attorney was the one who noted that this would bankrupt the church, not the judge in his official comments. The sum might very well be enough to bankrupt their organization, but that doesn't necisarily mean that was the intention of the ruling; it is very likely that the amount was figured by looking at prior cases dealing with a similar issue.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    They already have injunctions in most US states to stop them protesting within so many metres of funerals.

    This was a private case between an individual and an organisation. Your right to free speech doesn't trump the rights of others to bury their loved ones with dignity.

    that said I liked Aladdin's initial suggestion the best....
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    I think that is somewhat questionable. The deffence attorney was the one who noted that this would bankrupt the church, not the judge in his official comments. The sum might very well be enough to bankrupt their organization, but that doesn't necisarily mean that was the intention of the ruling; it is very likely that the amount was figured by looking at prior cases dealing with a similar issue.

    I read a third-hand account that it was the prosecution that suggested it. Could be wrong though. But I'm still struggling to see how picketing a funeral (presumably lawfully) leads to millions in damages. Hell, the people molested by preists in New York didn't get this much compensation of the Catholic church (though in this instance, the sheer number of claim did effectively bankrupt them).

    Also, I believe people should have the right to protest, and the people should have the right to a dignified funeral, which is why the distance limit is such a good solution. I sure as hell wouldn't want to stop anyone protesting at Mr. Phelps' funeral.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    I read a third-hand account that it was the prosecution that suggested it. Could be wrong though.
    or correct. I was just going off of what I read in the bbc article.
    But I'm still struggling to see how picketing a funeral (presumably lawfully) leads to millions in damages. Hell, the people molested by preists in New York didn't get this much compensation of the Catholic church (though in this instance, the sheer number of claim did effectively bankrupt them).
    Like I said, that's not so much of an issue of the ruling being aimed at destroying the organization. It's more that there's a legal precedence in the U.S. that most civil claims cases grant unreasonably large sums of money to the plantif, from the looks of things the ruling in this case was simply following in that tradition.

    Also, I believe people should have the right to protest, and the people should have the right to a dignified funeral, which is why the distance limit is such a good solution. I sure as hell wouldn't want to stop anyone protesting at Mr. Phelps' funeral.

    agreed.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    Civil actions are usually based on contract disputes or torts(damages). I think the former can be ruled out and I can\'t see any damage in this case unless it\'s a somewhat spurious claim of someone\'s feelings being damaged.
  • Former MemberFormer Member Posts: 1,875,648 The Mix Honorary Guru
    Civil actions are usually based on contract disputes or torts(damages). I think the former can be ruled out and I can\'t see any damage in this case unless it\'s a somewhat spurious claim of someone\'s feelings being damaged.

    that's exactly what it was based on...
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