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She Wouldn't Listen to Me
"A SLAPPback, like the original lawsuit, can take YEARS to reach a final resolution." Again neither the SLAPP or the SLAPPback happens overnight. If no one has filed a lawsuit, can we end the discussion on SLAPP and move on ?— May 10, 2010 4:24 p.m.
She Wouldn't Listen to Me
SLAPPing Back If you are successful in defending a SLAPP, and you can show that the SLAPP was brought for a purpose other than to resolve the issue by legal means -- e.g., the case was filed for the purposes of harassment, needlessly piling up defense costs, silencing opposition, etc. -- seek legal advise about SLAPPing back. A SLAPPback is a way to seek monetary damages, including pain and suffering, from the SLAPP filer on the theory that the original SLAPP constituted an abuse of the legal process. In the past, juries in some SLAPPback suits have ordered SLAPP filers to pay large sums of monetary and punitive damages to the original SLAPP target. However, the decision to initiate SLAPPback litigation should not be entered into lightly. A SLAPPback, like the original lawsuit, can take years to reach a final resolution. Moreover, a SLAPPback is itself likely to be subject to the special motion to strike procedure set forth in Code of Civil Procedure § 425.16. This does not mean that SLAPPbacks can never be won. It does mean that you should have enough evidence to prove a probability of winning the suit, before filing the SLAPPback.— May 10, 2010 4:15 p.m.
She Wouldn't Listen to Me
I know a defendant in a SLAPP lawsuit who prevailed but got no settlement and spent months tied up legally as a defendant. No damages were awarded but I think the defendant got a pro bono attorney. Maybe this case was an exception but no judge will rule immediately unless things at the courthouse have changed. These matters always take time. If you have a specific example of a SLAPP suit working differently, I would like some details. Being bound up in any legal matter (whether you prevail or not) is difficult for most individuals. Again there are individuals who relish the legal battles but I wager most do not.— May 10, 2010 4:11 p.m.
She Wouldn't Listen to Me
Defending a lawsuit, even a frivolous one, is costly in terms of time, energy, and finances. There is no absolute guarantee that a defendant will recover costs.— May 10, 2010 7:01 a.m.
She Wouldn't Listen to Me
The implication by one was that I intended or threatened a writer because I wanted to curtail their writings via a lawsuit. Nothing could be further from the truth. As a matter of fact in all of this back and forth the truth should be its own defense. Besides if writers stopped writing, what would the arm chair commentators do ? The SLAP defense has much merit in my humble opinion. Maybe the SD Reader needs to school its writers in the finer points of SLAP ? And have the writers triple check their facts before hitting the submission button ? Today is Mother's Day in the United States. In Mexico Mother's Day is always May 10 which makes much more sense to me because the day like many a mother is unwavering and immutable in the best possible ways. Just to be fair and also avoid undue criticism Happy Mother's Day to the single dads and to anyone in our lives who has advised us in the wise ways which only a good mother can. For those who mothers have passed the day brings a measure of sadness but many wonderful memories and gratitude to have been a daughter or son in those moments now past.— May 9, 2010 6:49 a.m.
She Wouldn't Listen to Me
To all women who are mothers to other people, thoughts and causes. To women who are mothers to their children and to women who are mothers in all different ways ... Happy Mother's Day.— May 9, 2010 6:31 a.m.
She Wouldn't Listen to Me
I was quite clearly referring to the attorney mentioned in the story who has filed multiple lawsuits and not myself. Please don't put words in my mouth. A person who has filed over 600 lawsuits might find something legally offensive in the article which on its surface does not seem well researched. A writer who had done a minimal amount of research might reasonably decide not to poke at hornet's nest. I would guess that a stringer is an independent contractor and not covered by any SD Reader insurance which is another reason to triple check one's stories for accuracy especially when one is quoting and identifying individuals. Whether a lawsuit has merit or not, it still can be filed and cause difficulties for a defendant despite what someone states in this blog.— May 8, 2010 8:56 p.m.
She Wouldn't Listen to Me
Would non staff stringers be covered by the SD Reader insurance policies ?— May 8, 2010 8:26 a.m.
She Wouldn't Listen to Me
For the last time I do not dislike Ms. M (your words). I dislike her writing and sloppy journalism. There is a big difference. City staff, not volunteers, manage the sign in sheet and speaker slips. If you want to come north and act as an ad hoc Cerberus in these matters, please do. Agreed - the people of San Diego (and not just PB) need to make their opinions known about the proposed 24 hour alcohol ban at Kate Sessions Neighborhood Park. That being said, any one can weigh as this is a First Amendment right. El norte beckons. Johnnie C died years ago from brain cancer. I doubt if he ever photographed license plates in parking lots. That lowly task will be left to stringers with cell phone cameras who are on the prowl for one great story.— May 7, 2010 7 p.m.
She Wouldn't Listen to Me
I did not know that we were allowed to make comments about "family" - ie Barfin's spouse if he has one ? There was quite an outcry about this at one time. Has someone done underhanded research on Barfin and unearthed personal information which is now being used in a forbidden fashion ? By the way who cares if Barfin has a spouse ? Or partner ? Or pet iguana ? No one said Ms. Stringer did anything wrong - your words. Inept perhaps but not wrong. I simply pointed out that some favorite bloggers' legal names were removed eons ago in another controversy and that Mr. Kinder was not afforded the same courtesy. The bloggers and Mr. Kinder were all in the public domain. They should be treated evenly in my opinion. I cover the waterfront in terms of Reader reading but do not need to comment on every story. That would put me in a class of over active bloggers which might require medical intervention and June Allyson disposable undergarments. By the way just because someone comments on a story does not indicate some evil intent. Again I enjoy reading the quality SD Reader writers and don't think that Matteo is one on of them. Maybe Ms. Stringer will prove me wrong in the future. Beyond subject matter there is also the matter of style which any reader appreciates through his own filter. That preference simply cannot be dictated or demanded. It is a highly personal matter.— May 7, 2010 6:13 p.m.