amethyst221
Former Member
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- Aug 4, 2008
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Just for discussion's sake, I agree that this is not the most straightforward defamation claim ever to come down the pike, but I just don't totally dismiss it or maybe some OTHER tort claim. Let's just assume that I know or have learned/ researched that in my town, there is a person named X Y-Z. When trying to save my booty from being charged with a serious crime, I say I didn't do it, but X Y-Z did, along with her other miscreant family members (sis, tots, etc.). That is downright naughty of me to accuse them of crimes and thrust them into the public spotlight, because I know there are people out there named that and others are going to start looking at them funny. It's forseeable they will be in for some trouble. So if you are one of the 4 X Y-Z's in our town, you would have a right to be extremely upset with me. If you try to pursue a legal remedy, so be it. Supposedly, for every wrong there is a remedy.
The fact that there are other potential defendants that the plaintiff hasn't sued for their "publications" or republications of the alleged defamation is an interesting issue. Ca set things in motion, and her official spokesperson/attorney has repeated the story in public. Some members of her family continue the public flogging of the name, even though we've now seen them, face to face with LE, say maybe the whole thing is a lie or partial lie. Has there been a sufficient retraction? I do agree that this lady was a private person when this started, so the standard for liability will be less than reckless disregard of the truth.
Maybe it's strategic. Maybe at least it might stop the accusations from coming, if a body was ever found, maybe near a park, that X Y-Z did it. But I ramble, so enough.
The fact that there are other potential defendants that the plaintiff hasn't sued for their "publications" or republications of the alleged defamation is an interesting issue. Ca set things in motion, and her official spokesperson/attorney has repeated the story in public. Some members of her family continue the public flogging of the name, even though we've now seen them, face to face with LE, say maybe the whole thing is a lie or partial lie. Has there been a sufficient retraction? I do agree that this lady was a private person when this started, so the standard for liability will be less than reckless disregard of the truth.
Maybe it's strategic. Maybe at least it might stop the accusations from coming, if a body was ever found, maybe near a park, that X Y-Z did it. But I ramble, so enough.