Sunday, October 21, 2012 9:56:38 PM
Being told not to discuss JBI is a fairly slight slap on the wrist when you consider the other potential outcomes. Financial ones, for example. Maybe the judge simply felt that spending one's time on the internet seems to be a waste of time and causing trouble so he ends it. Maybe he does not post in the internet, being "old school". That is tantamount to saying, "stop fighting kids!!" to both sides. I don't think that not being able to post on a message board should ruin anyone's day. And since the judge did not bother to hear the case, he/ she did not think it worth the court's time.
Has anybody considered that perhaps there is a counterclaim that is not completely adjudicated yet? That is the way lawyers usually operate. Claim? Counterclaim!!!
Both arguments would be heard at once and the judge would give his verdict on both at once.
What is really interesting, and I can speak with personal experience at this, is that the judge will address the "winning" party first. That is to say, it will appear as if one side has lost when in fact they have won. The judge will usually see whatever merit is in both sides. No matter what the defendants have done or not done, they are not totally without blame. Hence, even though the defamation case may be essentially without merit, the judge may admonish the defendants first.
I have seen this in a courtroom. The Judge will address one side and one would think that they had lost the case. But, then they will tear apart the other side, and award the case against them. Damages are given as amounts for both Claim and CounterClaim, with a balance payable. Court Costs, Damages, and Punative Damages are awarded for Claim and CounterClaim.,
But... then he will address the counterclaim. For all we know, this is ongoing as we speak. What has transpired may just be a slap on the wrist intended to prevent further harm coming to anybody.
The wording of the Judgment seems to leave this an open possibility. Maybe the original Claim has been dismissed, the CounterClaim... not! If this is true, the original Claim has been dismissed with no damages assessed. I would say that is a victory for the Defendants.
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