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Pookie is at it again.

Started by The Going Thing, June 09, 2020, 01:43:47 PM

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deathsled

Quote from: Kent on June 11, 2020, 04:38:16 AM
Then there is the question because I sit in germany and write from here, which law counts german/european or US Law  ;D its always the same if you can proove what you say about their fake parts etc. its definetly not a problem. I really have a problem with people selling fake parts to people which dont know better.
Suit would likely be filed here in the US and US law would apply since the club is headquartered here in the US.  The club would be sued as a publisher of the alleged slander/ libel. State law would govern likely where the club has its main office and choice of law rules would apply depending on where the lawsuit is filed. It would get very expensive to defend because any defense lawyer that would take on the case would take it on an hourly basis. Unless the club has a CGL policy that would hire a lawyer through insurance to provide a defense. Even so, intentional acts are not covered under insurance so any award or judgment against the Club might not be covered by insurance. The insurer would hire a lawyer to defend but the general rule is that the duty to defend is greater than the duty to indemnify. Why get involved with any of this becomes my question.
"Low she sits on five spoke wheels
Small block eight so live she feels
There she's parked beside the curb
Engine revving to disturb
She's the princess from his past
Red paint gold stripes damned she's fast"

557

Pookie was the name of Chris Rocks character in New Jack City.He smoked a boatload o crack..
..Apparently so does "the pookster"given the way he behaves.....He needs to get off the "wack sack"(to paraphrase Flavor Flav) 8)

corbins

Quote from: deathsled on June 11, 2020, 07:39:55 AM
Quote from: Kent on June 11, 2020, 04:38:16 AM
Then there is the question because I sit in germany and write from here, which law counts german/european or US Law  ;D its always the same if you can proove what you say about their fake parts etc. its definetly not a problem. I really have a problem with people selling fake parts to people which dont know better.
Suit would likely be filed here in the US and US law would apply since the club is headquartered here in the US.  The club would be sued as a publisher of the alleged slander/ libel. State law would govern likely where the club has its main office and choice of law rules would apply depending on where the lawsuit is filed. It would get very expensive to defend because any defense lawyer that would take on the case would take it on an hourly basis. Unless the club has a CGL policy that would hire a lawyer through insurance to provide a defense. Even so, intentional acts are not covered under insurance so any award or judgment against the Club might not be covered by insurance. The insurer would hire a lawyer to defend but the general rule is that the duty to defend is greater than the duty to indemnify. Why get involved with any of this becomes my question.
]
All true... however , people are entitled to they're personal opinions and the freedom to express them , no ?

deathsled

#18
Quote from: corbins on June 11, 2020, 08:20:32 PM
Quote from: deathsled on June 11, 2020, 07:39:55 AM
Quote from: Kent on June 11, 2020, 04:38:16 AM
Then there is the question because I sit in germany and write from here, which law counts german/european or US Law  ;D its always the same if you can proove what you say about their fake parts etc. its definetly not a problem. I really have a problem with people selling fake parts to people which dont know better.
Suit would likely be filed here in the US and US law would apply since the club is headquartered here in the US.  The club would be sued as a publisher of the alleged slander/ libel. State law would govern likely where the club has its main office and choice of law rules would apply depending on where the lawsuit is filed. It would get very expensive to defend because any defense lawyer that would take on the case would take it on an hourly basis. Unless the club has a CGL policy that would hire a lawyer through insurance to provide a defense. Even so, intentional acts are not covered under insurance so any award or judgment against the Club might not be covered by insurance. The insurer would hire a lawyer to defend but the general rule is that the duty to defend is greater than the duty to indemnify. Why get involved with any of this becomes my question.
]
All true... however , people are entitled to they're personal opinions and the freedom to express them , no ?
I agree with you.  And people have the freedom to sue you for those opinions if said people perceive that the opinions you express are untrue and are published to a third party therefore giving rise to a cause of action in libel and/or slander.  Doesn't mean the cause of action has merit.  The standard would be that the alleged libel/slander has to be of a nature that a reasonable person would believe the false statements to be true.  If you said that someone's parents were actual monkeys, though untrue, no reasonable person would believe such a statement to actually be true.  If you're stuck defending a libel/slander case the meter starts running.  And it can get expensive.  Granted they are difficult cases to win. I handled one as a plaintiff case and got a small result for the client.  It was very expensive for all concerned.   
As an addendum, I'm not standing in anyone's way to make a list.  Just sayin' one possible and unpleasant outcome. 
"Low she sits on five spoke wheels
Small block eight so live she feels
There she's parked beside the curb
Engine revving to disturb
She's the princess from his past
Red paint gold stripes damned she's fast"

pmustang

All I know is I used a lawyer to try and recoup $45k from a guy in Florida. The lawyer explained I had a pretty open and shut case....at $175 and hour. Tried to get him to sign a payment agreement stating exactly what he promised to do....at $175 an hour. Then he wouldn't sign it. So the lawyer said I could probably get a judgement for the money costing circa $20k and then said at the point where I win I then had to collect....and he probably would never pay.