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Re: Toxic Avenger post# 52556

Tuesday, 03/12/2013 5:52:19 AM

Tuesday, March 12, 2013 5:52:19 AM

Post# of 56720
This should concern Newell more than Wallace since Wallace is in denial and loves to brag how litigation is "free" for him since an attorney:

GOSY & GA Libel Law

GOSY can file civil lawsuits in GA since that is where GeckoSystems is domiciled and vigorously litigate against those libeling GOSY and/or its employees that may, or may not, live in the state of GA.

iHub, upon presentation of subpoena will provide the unique IP addresses of the named defendants which enables them to be identified and sued in the state of GA, or elsewhere in the world.

http://investorshub.advfn.com/boards/legal_subpoena.aspx

The subpoena can be secured after initiation of the lawsuit.

The defendant(s) will need to retain a GA registered attorney to defend themselves from the GA libel lawsuit. If they do not secure representation, GOSY will probably secure a default judgment against that person or persons. GOSY's legal representation will then transfer that judgment to the state of residence of the defendant and be legally empowered to garnishee personal bank accounts, salaries and wages, and/or seize other property and/or assets for satisfaction of the GA judgment.

As you can see, unless one is very sure that they have not "crossed the line" as discussed below, they can lose significant time and monies in defending their freedom of speech rights. Nonetheless, if they fail to spend the monies necessary to defend themselves, they allow GOSY in the state of GA to secure judgments against them executable in their state of residence.

This is GA Law. Read the references below to learn of the validity of the foregoing discussion and their applicability to GOSY.

Libel:

Libel is a false, malicious statement published in mainstream media (i.e. on the internet, in a magazine, etc.).

http://en.wikipedia.org/wiki/Libel_%28disambiguation%29

Defamation—also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. It is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).

http://en.wikipedia.org/wiki/Defamation

Georgia Code - Torts - Title 51, Section 51-1-6

When the law requires a person to perform an act for the benefit of another or to refrain from doing an act which may injure another, although no cause of action is given in express terms, the injured party may recover for the breach of such legal duty if he suffers damage thereby.

http://law.onecle.com/georgia/51/51-1-6.html

Defamation: When Careless Words Can Be Costly

Georgia's tort law of defamation includes claims for libel and slander. A libel is a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing that person to "public hatred, contempt or ridicule." "Malice," as used in the foregoing definition, means ill-will, hatred or charges calculated to injure. This is a lesser standard than that required to show "malice" when constitutional, free speech rights are at issue, the standard to which newspapers are held when discussing public figures. "Malice" in this latter context means knowledge of falsity or reckless disregard of whether a statement is false.

Slander, or oral defamation, occurs when a statement is uttered to a third party which is false and malicious. Some statements are considered so offensive that malice is implied and need not be affirmatively shown. Statements in this category include imputing to another person a crime punishable by law, or making charges against another in reference to that person's trade, office or profession which are likely to injure that person in his or her business. The crime need not be a felony; it is sufficient that a person has been accused of being guilty of a misdemeanor. Statements in the categories discussed in this paragraph do not require proof of actual damages either, contrary to most civil claims for money damages. The reason for this rule is that damage to a claimant's reputation can be presumed when the statement is sufficiently offensive, and also because reputation damages are difficult to prove.

Georgia law treats libel slightly more seriously than it does slander, because a libel involves the deliberate act of expressing defamation in writing, a relatively permanent form. Consequently, certain statements are considered actionable libel without a showing of damages, when the same statements would require proof of damages in a case of spoken defamation. Claims in this category include false statements that a person has engaged in acts of dishonesty or immorality.

http://library.findlaw.com/1999/Jul/1/128248.html

The foregoing is a discussion of GA libel law and its specific applicability, protections and benefits to GOSY, its officers, and employees, past and present.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=79271259


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