Burke Files 150 Million Dollar Lawsuit Against Werner Sptiz???

[PositiveLight]

This is my first post so forgive me if I am reposting something or am completely off base here.......I just rewatched the Dr Phil interview (2nd episode) and JR admits that doing the CNN interview was a mistake because "once you participate in the public arena you become a public figure". Struck me as odd as this seems to be what BR did by going on Dr Phil, but is now claiming his is not a public figure. Am I missing something or letting my mind imagine something that is not there?

[video=youtu;H-klgPweFEI]http://youtu.be/H-klgPweFEI[/video]
It is at about 5:00 minute mark

Welcome!!! And I caught that too.
I'm curious if the whole reason BR did the interview was to be considered a public figure to go with the lawsuit he filed against Spitz. When JR said that, a lightbulb went on for me.

 

[Heymom]

Welcome!!! And I caught that too.
I'm curious if the whole reason BR did the interview was to be considered a public figure to go with the lawsuit he filed against Spitz. When JR said that, a lightbulb went on for me.

But BR should not *want* to be a public figure - that would undermine his case against Dr. Spitz, not help him. If he is a public figure, even a limited public figure, it becomes more difficult to prove a libel/slander case against him.

 

[HarmonyE.]

Welcome!!! And I caught that too.
I'm curious if the whole reason BR did the interview was to be considered a public figure to go with the lawsuit he filed against Spitz. When JR said that, a lightbulb went on for me.

Arguably Burke may have been a limited public figure regardless of the Phil interview, however, the interview broadcast across the US and parts of the world almost certainly made him a voluntary public figure.

You don’t want to be a public figure if you are bringing a defamation lawsuit. It’s much easier for a non-public figure to prevail. So that was not a reason for Burke to do the interview. My own guess is that he wanted to get in front of the CBS special to show what a normal (cough) guy he is. And he may have been very well-compensated for interview

 

[PositiveLight]

Arguably Burke may have been a limited public figure regardless of the Phil interview, however, the interview broadcast across the US and parts of the world almost certainly made him a voluntary public figure.

You don’t want to be a public figure if you are bringing a defamation lawsuit. It’s much easier for a non-public figure to prevail. So that was not a reason for Burke to do the interview. My own guess is that he wanted to get in front of the CBS special to show what a normal (cough) guy he is. And he may have been very well-compensated for interview

Ahhhh! Then doing the interview could have the reverse effect???

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[HarmonyE.]

Ahhhh! Then doing the interview could have the reverse effect???

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Let’s put it this way, it did not make it more likely Burke will prevail. It either had no impact because Burke was already a limited public figure, or it changed his status to public figure from non-public figure. Public figures have a much higher hurdle when trying to prove they’ve been defamed and suffered damage to their previously good reputations within the community.

 

[DrollForeignFaction]

Arguably Burke may have been a limited public figure regardless of the Phil interview, however, the interview broadcast across the US and parts of the world almost certainly made him a voluntary public figure.

You don’t want to be a public figure if you are bringing a defamation lawsuit. It’s much easier for a non-public figure to prevail. So that was not a reason for Burke to do the interview. My own guess is that he wanted to get in front of the CBS special to show what a normal (cough) guy he is. And he may have been very well-compensated for interview

I think your last two points are probably the main motivation for doing this but as someone with no legal expertise whatsoever, I did wonder about something. What if LW intentionally wanted to tank the lawsuit? PR-wise he pretty much has to sue CBS, this is the most public BDI accusation in the media so far. But what if he was genuinely intimidated by their legal team? They said they'll stand by their broadcast in court after the show; perhaps they said the same when he threatened them before it aired. Fearing a court trial instead of his usual settlement, he wants to prevent the case from going anywhere while still affording himself the right to scream at the top of his lungs how he'll sue anyone who crosses Burke. And when the time comes to actually sue, he has an easy out: Burke is a public figure, request denied. Even without an actual winnable lawsuit, the general public heard all LW's squawking about Burke's innocence and huge lawsuit in the immediate aftermath of the CBS special. No one but us will notice or care however many months later when it comes to nothing.

I'm less inclined to think this since the Spitz lawsuit. If it's all just a PR stunt to minimize the impact of the CBS doc, starting out with this lesser lawsuit would probably be pointless. If this one gets thrown out because Burke is a public figure, that can't bode well for the golden goose/primary PR lawsuit against CBS. Not to mention it would jeopardize any future settlements on Burke's behalf. So I guess my theory is unlikely. But I wondered if anyone more knowledgeable had an opinion on this, or if it's even something anyone would try to do.

 

[HarmonyE.]

I think your last two points are probably the main motivation for doing this but as someone with no legal expertise whatsoever, I did wonder about something. What if LW intentionally wanted to tank the lawsuit? PR-wise he pretty much has to sue CBS, this is the most public BDI accusation in the media so far. But what if he was genuinely intimidated by their legal team? They said they'll stand by their broadcast in court after the show; perhaps they said the same when he threatened them before it aired. Fearing a court trial instead of his usual settlement, he wants to prevent the case from going anywhere while still affording himself the right to scream at the top of his lungs how he'll sue anyone who crosses Burke. And when the time comes to actually sue, he has an easy out: Burke is a public figure, request denied. Even without an actual winnable lawsuit, the general public heard all LW's squawking about Burke's innocence and huge lawsuit in the immediate aftermath of the CBS special. No one but us will notice or care however many months later when it comes to nothing.

I'm less inclined to think this since the Spitz lawsuit. If it's all just a PR stunt to minimize the impact of the CBS doc, starting out with this lesser lawsuit would probably be pointless. If this one gets thrown out because Burke is a public figure, that can't bode well for the golden goose/primary PR lawsuit against CBS. Not to mention it would jeopardize any future settlements on Burke's behalf. So I guess my theory is unlikely. But I wondered if anyone more knowledgeable had an opinion on this, or if it's even something anyone would try to do.

Lawsuits don't just get automatically tossed because a plaintiff might be a public figure. The defense will eventually make that argument to the court after sufficient discovery has been done to bolster that argument. Burke's deposition would be essential. And even if the court agrees he is some form of public figure, he may still be able to move forward with the case, albeit with a higher bar to prove liability and damages.

So I don't see much chance that Lin told Burke to do the interview so he could cry foul or sue CBS but save face when he lost. Easier, less dangerous for Burke, and far less expensive to just not sue at all. And you can still scream at the internet for free.

[FONT=Helvetica, Arial, sans-serif]My own guess is that Wood is hoping Spitz settles out like all the others have. Even if it's short money only, he gets to claim he "won" again. As for Burke's interview, he may well have done it against Wood's advice, but Wood figured Doctor Phil would go very easy on him. Dr. Phil's unplanned "Burke didn't do it! Pay no attention to what you just saw!" episode was almost certainly damage control done at Wood's insistence. [/FONT]

 

[UKGuy]

Arguably Burke may have been a limited public figure regardless of the Phil interview, however, the interview broadcast across the US and parts of the world almost certainly made him a voluntary public figure.

You don’t want to be a public figure if you are bringing a defamation lawsuit. It’s much easier for a non-public figure to prevail. So that was not a reason for Burke to do the interview. My own guess is that he wanted to get in front of the CBS special to show what a normal (cough) guy he is. And he may have been very well-compensated for interview

HarmonyE,
IMO, BR was already a limited public figure as the sister of JonBenet and all the stuff written and news movies published about him from Christmas 1996, onwards.

Going on Dr Phil simply confirmed his role as a public figure. Dr Phil's third episode re-iterates this, i.e he is no private person.

Doing DP was simply a defense against the CBS allegations and BDI in particular. They have sued Spitz to shut down any media speculation regarding BDI, if they get some money that will be nice too.

.

 

[HarmonyE.]

HarmonyE,
IMO, BR was already a limited public figure as the sister of JonBenet and all the stuff written and news movies published about him from Christmas 1996, onwards.

Going on Dr Phil simply confirmed his role as a public figure. Dr Phil's third episode re-iterates this, i.e he is no private person.

Doing DP was simply a defense against the CBS allegations and BDI in particular. They have sued Spitz to shut down any media speculation regarding BDI, if they get some money that will be nice too.

.

We can't say for sure how a particular court might rule regarding Burke's status. As Burke was ruled out as a suspect long ago, was a child at the time of the crime and had never given a public interview, he may well have been viewed a private citizen. By voluntarily going on Dr. Phil - who has a worldwide audience - to speak in part about his actions the night of the crime, he most decidedly tipped the scale toward public figure.

 

[LisaBC]

Dr. Phil's unplanned "Burke didn't do it! Pay no attention to what you just saw!" episode was almost certainly damage control done at Wooxd's insistence.

There is a third episode? I need to find that one on YouTube. Has anyone been listening to True Crime Profile with Jim and Laura? They go into a more of the investigation. Last podcast they talked about the interview with the Whites.

 

[BBB167893]

There is a third episode? I need to find that one on YouTube. Has anyone been listening to True Crime Profile with Jim and Laura? They go into a more of the investigation. Last podcast they talked about the interview with the Whites.

There haven't been any True Crime Profile broadcasts since then, LisaBC. And the previous ones have been scrubbed.

 

[LisaBC]

Oh wow. You are right. I thought they were just taking a break from them and doing "filler" episodes. I had them downloaded so didn't notice they were off the feed.

 

[PositiveLight]

I think your last two points are probably the main motivation for doing this but as someone with no legal expertise whatsoever, I did wonder about something. What if LW intentionally wanted to tank the lawsuit? PR-wise he pretty much has to sue CBS, this is the most public BDI accusation in the media so far. But what if he was genuinely intimidated by their legal team? They said they'll stand by their broadcast in court after the show; perhaps they said the same when he threatened them before it aired. Fearing a court trial instead of his usual settlement, he wants to prevent the case from going anywhere while still affording himself the right to scream at the top of his lungs how he'll sue anyone who crosses Burke. And when the time comes to actually sue, he has an easy out: Burke is a public figure, request denied. Even without an actual winnable lawsuit, the general public heard all LW's squawking about Burke's innocence and huge lawsuit in the immediate aftermath of the CBS special. No one but us will notice or care however many months later when it comes to nothing.

I'm less inclined to think this since the Spitz lawsuit. If it's all just a PR stunt to minimize the impact of the CBS doc, starting out with this lesser lawsuit would probably be pointless. If this one gets thrown out because Burke is a public figure, that can't bode well for the golden goose/primary PR lawsuit against CBS. Not to mention it would jeopardize any future settlements on Burke's behalf. So I guess my theory is unlikely. But I wondered if anyone more knowledgeable had an opinion on this, or if it's even something anyone would try to do.

Definitely a possibility I would guess.
I think That LW has bit a dog that is about to eat him up. If it does just disappear, maybe we as citizens should encourage the news shows who brought the DNA scam to light to bring out the fact they bailed on the lawsuit. Otherwise... people will only remember that LW sued. Not if it was ever dropped.
Seriously.... think.....the.....truth.....is ....in .....our ....reach. Justice for JonBenet!

 

[PositiveLight]

You know another thing that might be in favor of Spitz is this time it wasn't filed in Colorado. It very well could be brought before a judge that won't put up with any BS. That will shut down LW at every turn too. Ohhh to be a fly on the wall during THAT!!! I don't think they usually televise civil cases but I REALLY hope they do this one.

 

[PositiveLight]

Lawsuits don't just get automatically tossed because a plaintiff might be a public figure. The defense will eventually make that argument to the court after sufficient discovery has been done to bolster that argument. Burke's deposition would be essential. And even if the court agrees he is some form of public figure, he may still be able to move forward with the case, albeit with a higher bar to prove liability and damages.

So I don't see much chance that Lin told Burke to do the interview so he could cry foul or sue CBS but save face when he lost. Easier, less dangerous for Burke, and far less expensive to just not sue at all. And you can still scream at the internet for free.

My own guess is that Wood is hoping Spitz settles out like all the others have. Even if it's short money only, he gets to claim he "won" again. As for Burke's interview, he may well have done it against Wood's advice, but Wood figured Doctor Phil would go very easy on him. Dr. Phil's unplanned "Burke didn't do it! Pay no attention to what you just saw!" episode was almost certainly damage control done at Wood's insistence.

RBBM That episode was a total joke! Plus they share the same lawyer. That's something I think DP should have mentioned at the beginning. That would change the way people perceived it.

 

[PositiveLight]

There is a third episode? I need to find that one on YouTube. Has anyone been listening to True Crime Profile with Jim and Laura? They go into a more of the investigation. Last podcast they talked about the interview with the Whites.

OH YES!
There were 4 episodes in all. DP had to do a extra show before the CBS documentary aired to try and change the damage BR did to himself in the first two episodes. I did a transcript of it let me find it for you really quick and link you to it.

Here you go Lisa. Hope this helps! http://www.websleuths.com/forums/sh...ews-Burke-Ramsey-(9-12-amp-9-13-2016)/page104

 

[LisaBC]

Awesome. Thank you!

 

[Duchess518]

has anyone seen any more news about when and if this lawsuit is actually going forward? I haven't seen anything new. I hope this whole lawsuit gets an actual investigation and trail going!

 

[Userid]

has anyone seen any more news about when and if this lawsuit is actually going forward? I haven't seen anything new. I hope this whole lawsuit gets an actual investigation and trail going!

Me too, but I get the feeling that BR will just end up dropping it sooner rather than later; just guessing.

I haven't heard anything else since it was initially reported.

 

[observation]

Me too, but I get the feeling that BR will just end up dropping it sooner rather than later; just guessing.

I haven't heard anything else since it was initially reported.

LW gave the date of 10/26/16 to CBS but no action since early Oct. I check daily and even lurk on twitter. LW has not said anything about the R's in several weeks after BR sued Spitz. My speculation that he IS in fact a public figure even before the Dr.P debacle. No way to prove in 2 weeks that WS's comments affected his life/work. The timing of BR going ahead of the CBS special did him no favors. People speculated even before the case of. So, I plan to see that dropped. IIRC there was mention BR was going to take a lie detector to prove his innocence. I forget if it was just a sensationalized headline or a quote from Woody. However, the fact we hear boo, when Woody can't seem to hold back on proclaiming the innocence of the R's and promoting PW book- may be telling. IMHO


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