twizzler333 said:
I know that no one in that house has been cleared, and that no one is officially a suspect either.....I guess my real question is about the ability to file a lawsuit.
I really want to know if you can sue for someone stating a truth on TV just because you don't want the truth to be known?
Twizzler,
In the U.S. you can sue anybody you want, including the President of the United States. The court, based on what evidence is put in front of it, will decide if the lawsuit can go forward or will be dismissed.
In defamation cases, in general, the TRUTH is a total defense. If you can prove what you said is true, then the plaintiff's defamation lawsuit against you is dismissed.
In the Ramsey v Fox lawsuit, Fox News has to prove to the court there was no credible evidence of an intruder, because that is what Fox news reporter Carol McKinley said on TV, and now they have to prove it.
In all civil cases the two opposing parties can agree to settle at any time, which is often done to stop the financial bleeding due to legal expenses.
However, to curtail frivolous and mean-spirited lawsuits, the defendant, after winning, is allowed to turn around and sue the plaintiff for damages due to malicious civil prosecution. IMO the Ramseys, with their current lawsuit, are courting a Fox malicious prosecution lawsuit for damages if Fox can prove there was no credible evidence of an intruder.
Burke isn't directly involved in this lawsuit, so the court won't lkely be jawboning the litigants into a settlement because of the Colorado Children's Code which, IMO, forced all of the previous settlements involving Burke so that Colorado law protecting the identity of minors wouldn't be violated.
JMO