Claimants Can Be Sued.
- Thread starter jubaaltman
- Start date
What if the estate is damaged due to defamation? So, if Joe's estate lost value due to libelous or slanderous comments, either by an individual or individuals, the estate cannot seek compensation?
A dead person (or his estate) can't sue for defamation. In Estate of Paterno v NCAA they are not suing for defamation but rather a tortious interference with business relationships. A different road but gets you to the same destination.
The living coaches won't sue. Why not? That's the million dollar question. A cynic might think they have something to hide, and a lawsuit could uncover all sorts of damaging information which those coaches prefer to keep quiet.
Their strategy was to issue a precisely worded statement of denial, then move on. Let sleeping dogs lie. If they're willing to live with the consequences who's to say its wrong?
The living coaches won't sue. Why not? That's the million dollar question. A cynic might think they have something to hide, and a lawsuit could uncover all sorts of damaging information which those coaches prefer to keep quiet.
Their strategy was to issue a precisely worded statement of denial, then move on. Let sleeping dogs lie. If they're willing to live with the consequences who's to say its wrong?
Or why would Bradley or greggy want to be drug thru the mud while jeprodizing their current gigs??? Would ucla or OSU really want to put up with that??
"You need to pull your head out of your backside."
Lets count all the defamation lawsuits brought by assistant coaches....hmmmm.... I count ZERO. What's your tally?
Unless you can point to a single one, its seems its you whose tongue is chomping the chocolate factory.
Lets count all the defamation lawsuits brought by assistant coaches....hmmmm.... I count ZERO. What's your tally?
Unless you can point to a single one, its seems its you whose tongue is chomping the chocolate factory.
Not really a million dollar question...pretty simple actually, they have jobs that they have to spend their time doing, not being tied up in court. Now if they got fired, I bet you would see them sue. But of course that doesn't fit your "they must be hiding something" fantasy.
Interesting, it pisses me off that accusers can lie about their experiences w/JerBer implicating others and their no recourse of action for the "others".
By the way jubba, there is no room at the chocolate (Hershey) factory. The current crooks are still licking & feeding at the trough.
Sure I do. I will use it in a sentence.
"Jubaaltman CAN take a flying leap off the Empire State Building." Unfortunately, he won't.
Last time I checked lawyers aren't free. And suing for defamation of character is extremely difficult case to win and the even harder to get real damages. But it appears you are too stupid to figure that out.
Note, though, that a statement about the dead might also defame the living, and the living can sue for injury to their own reputations. Thus, for instance, saying that Don, who is dead, was a criminal is not civilly actionable, even if it’s an outright lie, and even if it understandably upsets his son Stan. But if the statement is that Don is a criminal and Stan was his co-conspirator, that defames Stan, and Stan can sue for the injury to his own reputation.
I dont know who Stan is but if he's a co-conspirator I hope he's brought to justice.
Don is probably a VIP in Fantasyland.
It's really hard to win cases like this. How do you prove you DIDN'T see someone get molested? The burden is on you to prove it.
And what competent lawyer is going to take a defamation of character suit in the JS scandal on contigency fee. Not a good one.
Wouldn't they have to prove damages? Bradley & Schiano have good jobs at top universities so they would have a difficult time arguing that they've been damaged. I'd pretty much guarantee they'd sure if they got fired over these allegations.
How about suing MM? Didn't he claim that Bradley and Schiavo knew? Or did he change that story? "I slammed the locker door. That's when Vince Lombardi and Amos Alonzo Stagg came around the corner. It was then that I saw the Loch Ness monster in the mirror..."
This 'Ignore' feature has saved me both time and brain cells by not reading idiotic posts!
False ... elvis63 has proof. Just waiting for him to come forward with it.
You make it sound like there is some sinister reason for this. You are almost certainly wrong.
Honestly, the coaches don't stand much to gain from this. Let's say (hypothetically) that the victims who lied about O'Dea (and it is 100% certain they lied because O'Dea was not physically present at PSU at the time of the allegation) were awarded $1 million by PSU. After taxes, that's about $600K. Let's now assume that that person has a normal amount of debt (say 200K mortgage, 30K car loan) and makes some lavish purchases (travel, gifts etc) to "celebrate" their win.
So their net worth, excluding other major savings, is going to be on the order of $300K.
In order to recover defamation damages, he would either have to show real economic loss (which appears unlikely since he still has his job) or essentially "mental anguish"/pain and suffering (which might be possible). And even then he's really only realistically competing for $300K (i.e. you can't recover money that the defendant doesn't have).
Kevin O'Dea probably makes on the order of $150K per year as special teams coach for the Bucs. Even if he could recover all $300K, he had to pay attorneys fees (let's say $50K). So then the question becomes: is it really worth less than 2 years salary to pursue this? Probably not.
The one time I filed civil charges I had a slam dunk negligence (with major bodily harm) case against a business owner. A six figure judgment was 99% certain. However, the business owner ran a mostly cash business and was going to declare backruptcy in case of a large judgment against him, which meant I was unlikely to get anything. So I settled for low 5 figures (to cover hospital bills).
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