Comments on: Implode-O-Meter, Other Bloggers Under Attack http://housingdoom.com/2007/07/05/slapp-attack/ "He who defends everything defends nothing." - Frederick the Great Thu, 18 Mar 2010 12:55:06 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: MikeC http://housingdoom.com/2007/07/05/slapp-attack/comment-page-1/#comment-8949 MikeC Fri, 06 Jul 2007 17:56:10 +0000 http://housingdoom.com/2007/07/05/slapp-attack/#comment-8949 ebrowne: >>Damages far beyond legal costs can be >>awarded if you can prove that the plaintiff >>filed without real foundation; What if the defendant is a company that will have to file for bankruptcy if the otherwise mostly unknown details of their finances is relayed to the general public via the internet? In that case, what does this company have to lose if they start a frivolous lawsuit? How will the counterclaimant ever see any money if the company were to shut down? Please note that with this example I am speaking generally, and NOT meaning to refer to the specific company that is suing the Blog-o-meter. ebrowne:
>>Damages far beyond legal costs can be
>>awarded if you can prove that the plaintiff
>>filed without real foundation;

What if the defendant is a company that will have to file for bankruptcy if the otherwise mostly unknown details of their finances is relayed to the general public via the internet? In that case, what does this company have to lose if they start a frivolous lawsuit? How will the counterclaimant ever see any money if the company were to shut down?

Please note that with this example I am speaking generally, and NOT meaning to refer to the specific company that is suing the Blog-o-meter.

]]> By: wcvarones http://housingdoom.com/2007/07/05/slapp-attack/comment-page-1/#comment-8948 wcvarones Fri, 06 Jul 2007 15:07:01 +0000 http://housingdoom.com/2007/07/05/slapp-attack/#comment-8948 Those who oppose this kind of anti-free-speech action might want to contact the plaintiff's attorneys to share their views. DENNIS M. COTA, Bar No. 127992 SCOTT E. HUBER, Bar No. 227 196 COTA DUNCAN & COLE 226 1 Lava Ridge Court Roseville, California 95661 Telephone: (916) 780-9009 Facsimile: (916) 780-9050 Those who oppose this kind of anti-free-speech action might want to contact the plaintiff’s attorneys to share their views.

DENNIS M. COTA, Bar No. 127992
SCOTT E. HUBER, Bar No. 227 196
COTA DUNCAN & COLE
226 1 Lava Ridge Court
Roseville, California 95661
Telephone: (916) 780-9009
Facsimile: (916) 780-9050

]]> By: ebrowne http://housingdoom.com/2007/07/05/slapp-attack/comment-page-1/#comment-8941 ebrowne Fri, 06 Jul 2007 04:40:30 +0000 http://housingdoom.com/2007/07/05/slapp-attack/#comment-8941 If one has been reasonable and basically accurate in the information published, and malice cannot be shown, then 'counterclaims' can survive dismissal of a frivolous suit, with the defendant now being the counterclaimant. Damages far beyond legal costs can be awarded if you can prove that the plaintiff filed without real foundation; particularly if you can show intent and malice. -- do not rely on these comments. If one has been reasonable and basically
accurate in the information published, and
malice cannot be shown, then ‘counterclaims’
can survive dismissal of a frivolous suit,
with the defendant now being the
counterclaimant.

Damages far beyond legal costs can be
awarded if you can prove that the plaintiff
filed without real foundation; particularly
if you can show intent and malice.

— do not rely on these comments.

]]> By: twist http://housingdoom.com/2007/07/05/slapp-attack/comment-page-1/#comment-8940 twist Fri, 06 Jul 2007 04:11:55 +0000 http://housingdoom.com/2007/07/05/slapp-attack/#comment-8940 MikeC- I had an English teacher in college that emphasized the importance of giving proper credit to your sources, and he gave two reasons. One was that you didn't want to steal the work of others, the other was so that you didn't want to take the blame when they are wrong! I try very hard to carefully cite sources for both of those reasons. <em>[And try to cite credible sources]</em> One of the disturbing trends we're seeing is a "shoot the messenger" mentality in the REIC. The folks that pushed the whole "Always safe, always goes up" baloney find it easier to say that "negative press has shaken buyer confidence"- rather than admit their part in the fiasco. It would be nice if sticking to the truth kept you from being sued- sadly, we know that's not always the case. I doubt this is the last we'll here of blogs being sued. If I worried about lawsuits too much though, it would be hard to for me to even get out of bed in the morning. We'll keep doing our best to accurately tell the story- and keep our fingers crossed! MikeC-

I had an English teacher in college that emphasized the importance of giving proper credit to your sources, and he gave two reasons. One was that you didn’t want to steal the work of others, the other was so that you didn’t want to take the blame when they are wrong! I try very hard to carefully cite sources for both of those reasons. [And try to cite credible sources]

One of the disturbing trends we’re seeing is a “shoot the messenger” mentality in the REIC. The folks that pushed the whole “Always safe, always goes up” baloney find it easier to say that “negative press has shaken buyer confidence”- rather than admit their part in the fiasco.

It would be nice if sticking to the truth kept you from being sued- sadly, we know that’s not always the case. I doubt this is the last we’ll here of blogs being sued. If I worried about lawsuits too much though, it would be hard to for me to even get out of bed in the morning.

We’ll keep doing our best to accurately tell the story- and keep our fingers crossed!

]]> By: MikeC http://housingdoom.com/2007/07/05/slapp-attack/comment-page-1/#comment-8939 MikeC Fri, 06 Jul 2007 01:19:54 +0000 http://housingdoom.com/2007/07/05/slapp-attack/#comment-8939 Twist and John, I hope you don't let some other frivilous lawsuits scare you away from providing this very valuable blog/service. Why are realtors and anybody associated with realty allowed to perpetually say very stupid things like, "Prices are never coming down; they're not making any more land!", while we are to believe that we're not allowed to have logical, opposing opinions? Twist, from my experience you always provide a strong background of facts (graphs and quotes) with your editorial commentary and insight, and also allow us visitors to discuss our opinions with you. What is wrong with that? Are we not free? Twist and John,
I hope you don’t let some other frivilous lawsuits scare you away from providing this very valuable blog/service.

Why are realtors and anybody associated with realty allowed to perpetually say very stupid things like, “Prices are never coming down; they’re not making any more land!”, while we are to believe that we’re not allowed to have logical, opposing opinions?

Twist, from my experience you always provide a strong background of facts (graphs and quotes) with your editorial commentary and insight, and also allow us visitors to discuss our opinions with you. What is wrong with that? Are we not free?

]]> By: gmt http://housingdoom.com/2007/07/05/slapp-attack/comment-page-1/#comment-8936 gmt Thu, 05 Jul 2007 20:51:10 +0000 http://housingdoom.com/2007/07/05/slapp-attack/#comment-8936 Having been the target of a SLAPP suit (by an unethical CA Realtor that I reported to the Dept. of Real Estate no less), I feel Aaron's pain. Fortunately, I won and recovered all my attorneys' fees, but it was stressfull. Twist, one thing you ought to know is that SLAPP statutes are NOT available in every state and NOT the law in Arizona. So Arizona is not the place you want to get sued for defamation, etc., because you cannot recover your fees. What you should consider doing is incorporating in CA and putting this website into the corporation. I would also amend the terms of use to require any litigation be brought in a CA court (which is more protective of your rights to free speech than Arizona). Although this is not bullet-proof, it is one way you can buy yourself a little piece of mind for not alot of $$$. FWIW, I am an attorney in both CA and AZ. Having been the target of a SLAPP suit (by an unethical CA Realtor that I reported to the Dept. of Real Estate no less), I feel Aaron’s pain. Fortunately, I won and recovered all my attorneys’ fees, but it was stressfull.

Twist, one thing you ought to know is that SLAPP statutes are NOT available in every state and NOT the law in Arizona. So Arizona is not the place you want to get sued for defamation, etc., because you cannot recover your fees.

What you should consider doing is incorporating in CA and putting this website into the corporation. I would also amend the terms of use to require any litigation be brought in a CA court (which is more protective of your rights to free speech than Arizona). Although this is not bullet-proof, it is one way you can buy yourself a little piece of mind for not alot of $$$.

FWIW, I am an attorney in both CA and AZ.

]]> By: John M. http://housingdoom.com/2007/07/05/slapp-attack/comment-page-1/#comment-8934 John M. Thu, 05 Jul 2007 18:17:08 +0000 http://housingdoom.com/2007/07/05/slapp-attack/#comment-8934 The Implode-O-Meter site is presently off-line. Aaron is working to restore service as soon as possible. The Implode-O-Meter site is presently off-line. Aaron is working to restore service as soon as possible.

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