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Re: Renee post# 7010

Saturday, 03/19/2011 5:42:23 PM

Saturday, March 19, 2011 5:42:23 PM

Post# of 234026
My my. A brand spanking new IHub member engaging in attempted intimidation and a good deal of fantasy.

This is not a contingency case.

No. It's a First Amendment case. Many law firms, especially large ones, require their staff to do a certain amount of pro bono work each year. And there's always the ALCU. They were once quite helpful in the matter of an unjustified subpoena served to obtain the identities of rather a lot of Silicon Investor posters. An ALCU attorney drafted a motion for Rule 11 sanctions against the lawyer who served it, and sent it to the lawyer. The subpoena went away.

In addition, Eade is perhaps underestimating his Does. They aren't stupid. Legal filings are not really all that difficult to do, and judges are prepared to be lenient and understanding with pro se defendants.

And can Eade be sure that none of his Does is an attorney?

...but to have a jury verdict tell you in three years - okay ihub posters, you did nothing wrong and can keep posting in the name of free speech - it will still cost you all a million dollars each.

Hey, we're all feeling inflation's pinch, but no one will have to pay anything near a million bucks to deal with this nuisance suit. lol, especially if Eade doesn't feel like making that arduous and expensive trip from Paris to L.A. to appear in court.

Here's an idea! Let's assume that Eade does eventually manage to identify us, something that is by no means certain. (As for his bounty offer, he should be very very careful not to sue the wrong person; that's embarrassing, and could have unfortunate consequences.)

We could all represent ourselves. NINE sets of filings submitted in response to every motion, and Eade would have to reply to every one. Eade would be deposed at least NINE times. Each of us would be allowed to depose a fixed number of witnesses for appearance at trial. So, in addition to Eade (and probably Jeff) we'd be deposing 45-50 people. What fun!

And we'd be entitled to do that. Why? Because we don't really have a monolithic defense. Some of the Does are Imperia shareholders, who lost money on the stock. Others of us never even posted about Imperia. Many of us have no damn idea what, exactly, he's suing us for. So I'm afraid a single, unified defense just ain't on the cards.

Perhaps Mr Eade should rent a place in L.A. if he plans to go forward with this action.

Your sophomoric analysis that “if the statements are true” - you are not doing civil compensable harm is misplaced and dangerous to you.

Beg pardon? So Eade actually believes that telling the truth can cause him civil compensible harm? Then why doesn't he sue the snot out of the California Bar Association?

The actual truth is that big damages are rarely awarded in libel suits in this country. Awhile back, I saw a show about a woman who was genuinely, and frighteningly, stalked for TWENTY YEARS. Her stalker was the man who'd murdered her daughter. He was finally caught by law enforcement, with the woman's help. He was, of course, successfully prosecuted for the murder. Still angry, she brought a civil stalking and harassment action. She won. Her award? About $5000.

So I'm afraid that even if Eade wins, he won't be seeing anything like that laughable $400 million he likes to bandy about in court filings and press releases. Of course, should we win, we wouldn't get much either. But at least we realize it.

You are at a point where a prosecutor is thinking "should I make this case or not.

Now THAT is truly absurd. It'd be the first recorded prosecution for Saying Mean Things. I'm afraid prosecutors have serious work to do. And what makes Eade think they'd be interested in someone who lives in Paris? Perhaps he should turn to Inspector Clouseau.

The time has come for this question to be answered and you guys are at the forefront.

Huh? Quite a few "basher suits" have been brought over the years. They haven't turned out very well for the plaintiffs, except when they involved disgruntled current or former employees who'd signed non-disclosure agreements. Eade should know this. In 2000 he sued Raging Bull and two posters in Santa Barbara Superior Court.

He lost.

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