[Husker] Various Things

[Bob Beach]

----- Original Message ----- 
From: "Kathy Jackson" <kj60028 at alltel.net>
To: <husker at tssi.com>
Sent: Saturday, July 12, 2008 4:58 PM
Subject: Re: [Husker] Various Things


> Well it is libel and what ever is once on the internet has the possibility 
> of always being on the internet so here I am 10 years from now doing some 
> kind of search on a potential employee and I find this - I might want to 
> ask these guys about it and then they have to go over the story again and 
> again and again.  At least this way if they sue they have a court 
> judgement that bolsters their assertion of innocence.



      I am in no way taking the side of the one that spread the rumors.  I 
think he was as wrong and stupid as could be to spread things about people 
that aren't true so don't take anything I say as being supportive of the 
guy.  But, when you are talking lawsuit a lot of things enter in.  I have 
been in some court situations, none of which were criminal, so I have 
limited experience with some of this.  Also what I am about to say is just 
my understanding.  If there is an attorney on the list feel free to set 
things straight.


     First of all if they sue the guy the ruling of the court will be 
according to law and not what we feel makes logical sense.  Secondly, the 
burden of proof is on the plaintiff.  They have to prove the defendant did 
what they say.  The defendant doesn't have to prove they didn't do it.  To 
prove damage can be very difficult unless indeed the plaintiff has provable 
damage.  Usually embarrassment and feeling someone lied about you isn't 
considered damage.  It is too difficult to prove and put a monetary figure 
on.  Damage usually is considered to be financial or something such as maybe 
the plaintiff was denied employment, a scholarship, or the like because of 
an untrue rumor.




> Another example - I am in a business where if I am arrested for something 
> but not convicted I can still lose my job and my license - maybe not fair 
> but that is the way it is.  It is a very bad thing to start malicious 
> rumors about anyone.  Personally I hope they do sue and win.


      If that happened to you I would say you could show damage and very 
possibly would have a case.  No argument about it not being a good thing to 
start rumors.  I hope the guy that did this gets his as much as anybody. 
That is another thing one has to think about before bringing suit.  Just 
because I believe in my mind I have a rock solid case is no gaurantee the 
judge/jury will see it that way.  I had an attorney one time that told me 
our case was a slam dunk.  It didn't work out that way.  In other words I 
may not win and it can get very costly.  It is also my understanding that 
except in certain situations attorney's fees are not recoverable so win or 
lose in most situations each party pays their own attorney.


>
> Kids don't have much trouble messing their own lives up without help from 
> a so called responsible adult as readers of this list will know.



    I agree with you 100%.


Bob Beach