Ibeatyouraces
Ibeatyouraces
Joined: Jan 12, 2010
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November 10th, 2013 at 6:51:33 PM permalink
deleted
DUHHIIIIIIIII HEARD THAT!
AlanMendelson
AlanMendelson
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November 10th, 2013 at 6:53:30 PM permalink
Quote: Ibeatyouraces

Lawsuit if he does?



Of course I am going to sue him and any publication that carries an article alleging I have a gambling problem.
MrV
MrV
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November 11th, 2013 at 11:33:04 AM permalink
Quote: AlanMendelson

Of course I am going to sue him and any publication that carries an article alleging I have a gambling problem.



Let's hope your attorney is familiar with New York Times v. Sullivan.

Where is the 'actual malice' -- that is, making an allegation with a knowledge that it was false or with reckless disregard of whether it was false or not?

Can you prove that he knows you do not have a gambling problem?

For that matter, can you prove that you don't have a gambling problem?

Heck, you got married at a craps table in Caesars, which could be Exhibit "A."

Is there a difference between a gambling fixation and a gambling problem?

What actual damages would you be able to prove?

Stay out of court on this one, Alan.

Rattle your sabers, but avoid the Agony and the Ecstasy of Litigation.

The lawyers will be the only winners on that one.
"What, me worry?"
Buzzard
Buzzard
Joined: Oct 28, 2012
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November 11th, 2013 at 1:04:27 PM permalink
Heck, you got married at a craps table in Caesars, which could be Exhibit "A."

And Exhibits B thru Z in the minds of some jurors.
Shed not for her the bitter tear Nor give the heart to vain regret Tis but the casket that lies here, The gem that filled it Sparkles yet
AlanMendelson
AlanMendelson
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November 11th, 2013 at 6:41:08 PM permalink
Does getting married at a craps table indicate a gambling problem? I've been married three times. So I agree I have a marriage problem... at least two of them.

As attorneys often say to reporters: I will not try this case in the press -- I will try it in court. I am waiting and so is my attorney. In fact, I might be waiting a long time: Mr Singer is yet to announce when his article will be printed in Gaming Today. He only said sometime in the future. Which is similar to his responses when asked for his supporting evidence about rigged slot machines that is supposedly in a storage locker.
MrV
MrV
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November 11th, 2013 at 6:53:50 PM permalink
Quote: AlanMendelson



I will not try this case in the press -- I will try it in court. I am waiting and so is my attorney.



How quickly they forget.

Remember Goldhaber v. Kohlenberg?
"What, me worry?"
AlanMendelson
AlanMendelson
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November 11th, 2013 at 9:44:15 PM permalink
Quote: MrV

How quickly they forget.

Remember Goldhaber v. Kohlenberg?



Mr V I don't understand the point you are trying to make?
MrV
MrV
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November 12th, 2013 at 7:31:53 AM permalink
The reference is to a defamation lawsuit filed by one member of a message board against another; I thought you were familiar with the parties involved, but perhaps you are not.

The suit involved a blizzard of flames and insults, seemingly much worse than what you reference as to Singer.

In the message board defamation lawsuit a judgment was entered, a motion to vacate was denied at the trial level but then granted on appeal and the case was remanded to the trial court; it took years, cost a lot of money, and at the end of the day the case was either dropped or resolved by settlement: it never went to trial.

I never heard the parties claim on the board that it was settled, or explain why and how the case concluded, but I have to suspect they got tired of paying out fistfuls of money to their lawyers to argue and fight on their behalf.

No sense of public satisfaction or vindication could be claimed by the "victims" as they never had their day in court.

Your case could be different of course, but my point is that defamation cases are very tricky, not cheap, and tough by their nature to result in a financial result that meets or exceeds the cost of the litigation.

Assuming that you win, you wind up with a judgment: many judgments cannot be collected.

Wouldn't that suck, to "win" but not be able to collect?

How solvent, how collectible do you KNOW the target defendant to be?

Is he potentially judgment-proof?

*Note: do your homework on this before filing suit.*

So I guess it boils down to "the principle of the thing:" do you potentially want to roll dem bones on a matter of "principle" knowing full well that it could cost you over $50K-$100K, money you may never recover even if you win?

Alan, the claimed libel seems quite weak, in the scheme of things: it is possible that you could lose the suit, and be ordered to pay the fees and costs of the other party, at least if the judge so orders.

Do a candid quick cost / benefit analysis, is all I am saying.
"What, me worry?"
AlanMendelson
AlanMendelson
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November 12th, 2013 at 8:38:32 AM permalink
Mr V I am afraid you missed what that case was about. The party who was sued did not believe he had to respond to the suit because it was filed in another state. The merits of the case were not discussed in the appeals process, but the ruling said that the case was still valid.
AlanMendelson
AlanMendelson
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November 12th, 2013 at 8:40:43 AM permalink
Quote: MrV


Do a candid quick cost / benefit analysis, is all I am saying.



Here is my candid, quick cost/benefit analysis: Gaming Today will never print what Rob Singer says he intends to write. But if they do print it, we're ready.

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