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Frivilous litigation threats

Posted by Oscar Z. Acosta on May 12, 2006 at 15:15:45

In Reply to: Re: Confirmation on Tim and 2 questions posted by Deb on May 11, 2006 at 21:58:03:

I think you mean you libel and not slander. Considering that his comment was written and published, if it was allegedly defamatory and false, then the allegedly injured party could sue for libel. If he uttered the allegedly false and defamatory statements, than suing him for slander could be considered.

But you claim to be Tim Peter's daughter and not Mr. Peters himself and thus you would have no standing whatsoever to sue Mr. Buckley for alleged libelous defamation of Mr. Peters.

Furthermore, even if you could prove that Mr. Buckley's statements refererred specifically to you and not Tim Peters, to prevail you would have to prove by a preponderance of the evidence that the statments were false and defamatory.

So, your threat to sue Mr. Buckley for "slander" because of his written posting on this site is absolutely absurd in that:

1. His comment was in writing and thus a hypothetical complaint would not allege slander when the logical allegation would be libel.
2. As daughter of Tim Peters, you have no standing to sue anyone for alleged defamation and libel of Mr. Peters.
3. Thus, you would have to prove that Mr. Buckley's statements defamed you personally.
4. And you would have to prove, by a preponderance of the evidence, that they were false.
5. When your complaint is dismissed with prejudice due to its numerous ethical, factual, procedural, legal and technical deficiencies, as the losing party you have to pay all the costs.
6. Mr. Buckley might countersue you and win.