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Old 05-08-2023, 09:38 PM   #43
Yosef_Malkovitch Yosef_Malkovitch is offline
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Quote:
Originally Posted by DJ's left nut View Post
Oh it's a pretty easy one; just straight defamation.

The problem is going to be showing that she KNEW it was bullshit.

And that's why she needs to be dismissing that civil case tomorrow. Because she's now been apprised of some information that she could've potentially previously claim she was black-out drunk and forgot.

But because it's a pretty textbook defamation per se example, he wouldn't even have to prove damages; they'll be presumed.

But the standard for defamation is 'knowingly'. Oh there are some 'conscious disregard' sort of ways to approach it as well, but ultimately he'll have to establish that she KNEW it was a crock of shit when she gave any/all of the details she gave and/or pursued the civil case.

That's gonna be pretty tough.

On top of all this there's the matter of collecting a judgment. He may (theoretically speaking) sue her and win, but you can't collect what someone doesn't have. She almost certainly doesn't have the kind of money he would need to make himself whole.
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