| Author | Message | ||
     howardf Citizen Username: Howardf Post Number: 290 Registered: 6-2001 |
I apologize if this has already been posted, but recently a NJ court held, in Donato v. Moldow, 374 N.J.Super. 475, 865 A.2d 711 N.J.Super.A.D.,2005 (Jan 31, 2005) that a local community board was immune from a defamation action brought by local government officials regarding statements posted by third-parties. As the Court wrote: We consider in this case the potential liability of the operator of an electronic community bulletin board website based on allegedly *479 actionable messages posted anonymously by others. Appellants, Vincent Donato and Gina A. Calogero, elected members of the Emerson Borough Council, sued the website operator, defendant Stephen Moldow, and numerous fictitious parties, identifying them by the pseudonyms they used when posting their messages. The primary thrust of the complaint against Moldow was that the messages constituted defamation, harassment and intentional infliction of emotional distress, and that Moldow was liable for damages because he was the publisher. The trial judge found that Moldow was immune from liability under a provision in the Communications Decency Act of 1996, 47 U.S.C.A. § 230, and granted Moldow's motion to dismiss the complaint against him for failure to state a claim upon which relief can be granted. We affirm. Again, I apologize if this has already been posted, but I hadn't seen it and thought others might be interested. | ||
| anon Citizen Username: Anon Post Number: 1704 Registered: 6-2002 |
Howard: This has been discussed here before. I read about that case again today and noted that the Court dismissed all of the claims against "John Does" as well. | ||
| Cato Nova Citizen Username: Cato_nova Post Number: 531 Registered: 12-2003 |
So why the big panic about the MOL suit then? People get sued. They hire lawyers. No big deal. | ||
| Joan Supporter Username: Joancrystal Post Number: 5180 Registered: 5-2001 |
Getting sued and hiring lawyers can cost money, even if the suit is later dismissed as frivilous. The purpose of the big face-to-face on the first weekend of April at Bunnys is to raise money to help pay these initial costs. Art: If you are reading this, could you please tell us how the advance ticket sales are going? | ||
| Mark Fuhrman Citizen Username: Mfpark Post Number: 1439 Registered: 9-2001  |
Cato: Let me guess, you are a lawyer, right? Shameless--do you also chase ambulances? | ||
| Just The Aunt Supporter Username: Auntof13 Post Number: 759 Registered: 1-2004  |
Cato- If it's 'No big deal' as you say will you volunteer to pay Dave and Jamie's legal fees to get it dismissed? | ||
| ReallyTrying Citizen Username: Reallytrying Post Number: 606 Registered: 1-2003  |
Yeah, no big deal, until you have to pay the lawyer's bill. | ||
| Cato Nova Citizen Username: Cato_nova Post Number: 532 Registered: 12-2003 |
I have been called a lot of things on this board, but never have I ever been called a lawyer. I am offended. Yeah, lawyers cost money, but this seems like a case that will be dismissed easily. Running a business costs money. Legal fees are just another expense, just like regulatory costs, taxes, etc. | ||
| Mark Fuhrman Citizen Username: Mfpark Post Number: 1440 Registered: 9-2001 |
Spoken like a true lawyer. And if calling someone a lawyer is now a perjorative, may I be banned by Dave and Jamie. | ||
| Cato Nova Citizen Username: Cato_nova Post Number: 533 Registered: 12-2003 |
Actually, Mark, it is pejorative. Spelling counts. | ||
| howardf Citizen Username: Howardf Post Number: 291 Registered: 6-2001 |
As a real lawyer, I resemble these comments. Cato, I think that in the world of law your sloppy thinking, arguments without evidence, and ad hominem attacks would get you disbarred pretty quickly. | ||
| greenetree Supporter Username: Greenetree Post Number: 4030 Registered: 5-2001  |
Cato - Can't wait until you have to start paying legal fees for something that never should have gone to court. I'm there now & it's no fun. I can't imagine what Jamie & Dave's legal fees are going to be, 'cause mine ain't cheap. Don't forget to donate to their defense, please. Or at least consider becoming a supporter. | ||
| Tom Reingold Supporter Username: Noglider Post Number: 5911 Registered: 1-2003  |
So, Cato, then are you saying you wouldn't mind if someone did something maliciously which cost you money? Because after all, thoses new costs are the cost of living. Is there no limit to how much someone can cost you, just because he wants to? If there is a limit, what is it? | ||
| Mark Fuhrman Citizen Username: Mfpark Post Number: 1441 Registered: 9-2001 |
Howard: Psst. I think he IS a lawyer, all protestations to the contrary. Besides, I never knew that specious logic and ad hominem attacks lead to disbarment. If that were the case, a lot of your peers would be cleaning office buildings for a living. Present company excluded, of course. save a tree, eat a lawyer | ||
| Carrie Avery Citizen Username: Carrie33 Post Number: 222 Registered: 1-2005  |
My goodness, gentlemen, let's all remember we are on the same post here. I do have to say, that without lawyers, some of us would be totally screwed in life. Some lawyers are terrible, as are some cops, but all in all they are very necessary. I think it is up to the individual what they want to do. I would not ask others to pay for costs that I was responsible for, in that if I created something that somehow led to a court case, I would feel awkward asking for money from others to help me, when I had money in the first place to get the project started. Now, let's remember, this my opinion, and whatever people think and decide to do- that is their business. | ||
| LibraryLady(ncjanow) Supporter Username: Librarylady Post Number: 2316 Registered: 5-2001  |
Great sign at Bunny's, Pizzazz. Can't wait for the first weekend in April to show the Brothers Ross all the support we can!! | ||
| Andrea Weisbard Citizen Username: Njnetsfan Post Number: 135 Registered: 6-2004 |
I am going to try my best to be there, I want to meet my fellow MOL'ers. I only know Librarylady. I want to finally put faces to names  or do I(lol) | ||
| Duncan Supporter Username: Duncanrogers Post Number: 3988 Registered: 12-2001  |
Well cato the fact that the Ross Bro's have to pony up cash just because they are named is ok with you? Even if decision has come down from the bench saying that folks running a BBS like this are not liable for the content??? So the court costs are just part of doing business when some schmuck wants to sue you?? Man, it must be nice where you are. | ||
| Carrie Avery Citizen Username: Carrie33 Post Number: 224 Registered: 1-2005 |
Someone has to be responsible. Blaming 'everyone' isn't accurate. Who ever said what they did- that caused this to happen- should be fined, perhaps. The creators have a responsibility to their patrons,yes, and court costs are part of any situation when you are being sued. Would you ask for money from other people if you are being sued? Think of another situation where you would ask others for money if you had to go to court.. and let me know. Just curious what you come up with. | ||
| Lydia Supporter Username: Lydial Post Number: 1009 Registered: 5-2001 |
I had a lawyer agree to take on an appeal case of mine pro bono - we agreed that I would pay the filing, copying and postage fees. Even pro bono, I spent several thousand dollars, and although I won the case, I still had months of anxiety, court appearances, lots of money, all to fight a frivolous lawsuit. Lawyer jokes seem sort of passe to me - sure, some lawyers may encourage people to flail out and sue everyone in sight, but I think the real problem is the clients who initiate the action, not the lawyer who is doing his/her job. |
