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In San Diego, Sherrod Says She'll Sue Breitbart
How much damage was actually done at this point? She has been offered her job back. She has been apologized to and anyone interested knows now that it was a mistake. ============ Good point. She has not received an apology from the one who started the ball rolling. Damages in a case where you have gotten tossed into the national spotlight will differ from person to person, and damages are not limited to monetary value-some people care about things other than $$$$$. . . . Sure some punishment should be meted out. But wouldn’t we be better off to forgive and forget. ============ Like I said, I think the perp should say it was a mistake and apologize, but each person has their own view on what is right, so only Sherrod can say if she will forgive and forget. My feeling based on what I have seen of Sherrod so far is she would forgive the clown who started this if he called her and made an honest and sincere effort to apologize. But not everyone will take $$ over brain damage like this.— July 30, 2010 8:40 a.m.
Kerry Steigerwalt of Pacific Law Center says he was the “fall guy”
Pardon me, but I don't think the law should require a second offense, if it indeed does, to get a person for second degree murder. ============ I agree with you 100%. I don't drink alcohol for a reason-I never want to make a mistake that I will regret for the rest of my life. Alcohol by far is the most widely abused drug in America and the world. DUI's that result in death should have a presumtion of willful and intentional liability. The fact is it is still way too light, even after they have jacked up the time on DUI liability. Used to be you could kill people in a DUI and do just county time (less than 1 year).— July 29, 2010 10:28 p.m.
In San Diego, Sherrod Says She'll Sue Breitbart
They called me up and said.. “This is how it works. You file a complaint, we respond. You spend one dollar, we spend ten. Whoever runs out of money first, loses.” By Ponzi ================ This is very true. The only exception is if there is a fee shifting law that makes the loser pay the winners expense. Some contracts have that provision (or other things like mandatory binding arbitration), as do many civil rights laws. I think civil RICO has it also.— July 29, 2010 10:21 p.m.
In San Diego, Sherrod Says She'll Sue Breitbart
Obviously, I try to avoid libel, and we watch the blog to try to be sure that posters don't libel anybody. I'm not the one who monitors this blog or the others, but I sometimes request that something be taken down ====== Oh, I never meant to imply that at all. I was just trying to show an example of how the law works using you and this website, maybe that was a bad example. Sorry about the inference.— July 29, 2010 10:19 p.m.
In San Diego, Sherrod Says She'll Sue Breitbart
So this blogger, who definitely wasn't playing nice, caused her no actual harm and made her money, but she still wants to sue him for what? We are entirely too sue happy in this country, no wonder we are all getting more and more miserable in our daily lives. By nunyaeffinbizness =========== Are you serious????? Let me ask you this, if I ROBBED YOU at gun point, and then felt bad the next day and gave you your money back, and threw in an extra $5 spot for the hassle, are you saying I have not commited any wrongs/crimes??????? Please. You may think that there were no damages, or that her getting a new job offer or speaking engagements makes this OK-but that is just your opinion, and not the law. The law is clear, she has a case. Makes no difference if the gov offered her a new job, or if you think she doesn't deserve anything. That is a question of fact for a jury. Who knows though, maybe a jury will say the same thing as you, I would not roll the dice on that bet myself.— July 29, 2010 10:17 p.m.
Kerry Steigerwalt of Pacific Law Center says he was the “fall guy”
He was found innocent of 2nd degree murder. Guilty of Gross Vehicular Manslaughter. The state proved it's case on the 2nd degree, at least we thought they did. No license, no insurance, unregistered vehicle and drove to a bar in the middle of the day. Drank 12 shots (3 Long Island Ice Teas) and was coming down off of meth. Was told by the bartender not to drive after she cut him off from the booze. Drove aggressively and passed cars on double yellow lines around blind curves. Killed my brother-in-law while passing on the 3rd blind curve, double yellows too. Second degree murder says that if you do something that "you know" could kill someone and you do it anyhow. Disregard for human life. ====================== If this was a first time DUI the 2nd Degree rap won't stick. BUT if there is one prior DUI then a 2nd Degree would stick-I don't know the facts of your case but I suspect that the perp was a first time offender-not that that matters or should matter, it is just how our legislators wrote the law. There is a high profile 2nd Degree case, with prior DUI's, pending in Orange County right now that invloved Angels pitcher Nick Adenhart, killed by a repeat DUI offender ............— July 29, 2010 6:09 p.m.
In San Diego, Sherrod Says She'll Sue Breitbart
I wonder whether the traditional legal standards for Libel in the media apply to bloggers, and whether she'd have to meet those in her suit. Anyone know? ====================== The ONLY protections in Internet law go to the ISP provider, not the one who makes the bogus claims-which is different from all other defamation laws in America. I believe this protection was established in 1998 under The Digital Millennium Copyright Act of 1998 (DCMA); http://www.copyright.gov/legislation/dmca.pdf If a newpaper, Radio or TV station ran that garbage they would all be liable-in addition to the one who started the ball rolling, not so on the Internet. The Blogger will be personally liable, but not his ISP host. By way of example, this SD Reader website could not be sued if Don made a bunch of bogus clams that caused damages, but Don himself certainly could. I think the DCMA, as do many others, needs to be amended to allow damages to be brought against the website and ISP host site-for accountability of defamatory communications. There was a MAJOR case on this issue with the Autoadmit.com website that got so out of hand it was discussed in Congress on what to do about the website immunity problem; http://en.wikipedia.org/wiki/AutoAdmit http://volokh.com/posts/1181709221.shtml There are a number of claims Sherrod could bring, since she is not a public, nor limited public, figure. The rules for public figures (such as all politicians) is very hard to overcome, but not so for private individuals like Sherrod. Sherrod could file, at a minimum on; 1) Invasion of privacy 2) Intentional interference of economic expectancy (her job) 3) Defamation 4) False light (mis-characterizing someone, as in this case out of context) 5) Intentional infliction of emotional distress So she has a case, and if I were Andrew Breitbart I would call Sherrod and make nice, it is the right thing to do and will save him tens of thousands of dollars in legal fees, legal liability and tons of brain damage.— July 29, 2010 5:54 p.m.
In San Diego, Sherrod Says She'll Sue Breitbart
She has a case.— July 29, 2010 12:28 p.m.
Did Somebody Change the Charter?
Breaking the white elephant library into "phases" is a joke. This is why this city is so upside down. The THOUGHT alone of building a library with the city in the financial shape it is in is just insane. INSANE! So what does KFC Sanders do, spend more money, that is nto there, by playing word games with the charter. I would LOVE to see Bruce Henderson, or a private citizen, file a lawsuit to enjoin this scam from going one step further.....of course the next problem you would run into are judges that have the IQ of a circus chimp or just straight up a rubber stamp for the establishment.— July 28, 2010 11:30 p.m.
Kerry Steigerwalt of Pacific Law Center says he was the “fall guy”
Everyone is looking for the next hot & juicy corruption story, I am afraid to tell you that this isn't it. Don Bauder is reaching here but he has attracted some vultures which is part of his job as well. By soccermom72 3:36 p.m., Jul 28, 2010 =============== Hmmm...soccermom72 just registered today, and this is their only comment. Please let us know the inside story, which you imply you have, as you see it.— July 28, 2010 5:32 p.m.