First I've heard of this.
10-26-2005, 01:36 PM
#1
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First I've heard of this.
Audi owner, dealer collide in court<ul><li><a href="http://www.aspendailynews.com/Search_Articles/view_article.cfm?orderNumber=12150">http://www.aspendailynews.com/Search_Articles/view_article.cfm?orderNumber=12150</a></li></ul>
10-26-2005, 05:05 PM
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SLAPP lawsuit. It's not about justice - it's about revenge and silencing a critic.
They'll lose and he should counter sue.
Where's the ACLU when you need them?
"The motion, known as an anti-SLAPP motion, is typically filed by individuals or groups who say they are being sued for exercising their First Amendment rights, usually of free speech and petition. SLAPP is an acronym for strategic lawsuits against public participation."
and...
"On one side is a company that resents criticism, and is eager to stifle the voice of a public advocate who speaks out on a controversial issue. On the other side is an outspoken individual committed to preventing viatical companies from victimizing patients and investors. As in all SLAPP lawsuits," said Monts, "First Amendment issues are at risk. This is a clear challenge to freedom of speech and freedom of press."
The term "SLAPP," coined by University of Denver sociologist Penelope Canan and law professor George Pring, authors of "SLAPPS: Getting Sued for Speaking Out," refers to strategic lawsuits against public participation. "SLAPPers" usually are private parties, big money interests who intimidate people from speaking out since the expense of defending themselves can bankrupt most individuals.
SLAPP suits commonly are brought by corporations, real estate developers, or other private parties who object to letters to the editor, web site criticism or other publications, testimony at zoning hearings, petitions to Congress or state legislatures, or who file public interest lawsuits.
Unless quickly extinguished by the courts, SLAPPers chill the democratic process. That is why more than a dozen states have anti-SLAPP laws. These laws allow SLAPP victims to bring a motion early in the case, before expenses go through the roof, to force the SLAPPer to present evidence that it has a reasonable chance to win."
Where's the ACLU when you need them?
"The motion, known as an anti-SLAPP motion, is typically filed by individuals or groups who say they are being sued for exercising their First Amendment rights, usually of free speech and petition. SLAPP is an acronym for strategic lawsuits against public participation."
and...
"On one side is a company that resents criticism, and is eager to stifle the voice of a public advocate who speaks out on a controversial issue. On the other side is an outspoken individual committed to preventing viatical companies from victimizing patients and investors. As in all SLAPP lawsuits," said Monts, "First Amendment issues are at risk. This is a clear challenge to freedom of speech and freedom of press."
The term "SLAPP," coined by University of Denver sociologist Penelope Canan and law professor George Pring, authors of "SLAPPS: Getting Sued for Speaking Out," refers to strategic lawsuits against public participation. "SLAPPers" usually are private parties, big money interests who intimidate people from speaking out since the expense of defending themselves can bankrupt most individuals.
SLAPP suits commonly are brought by corporations, real estate developers, or other private parties who object to letters to the editor, web site criticism or other publications, testimony at zoning hearings, petitions to Congress or state legislatures, or who file public interest lawsuits.
Unless quickly extinguished by the courts, SLAPPers chill the democratic process. That is why more than a dozen states have anti-SLAPP laws. These laws allow SLAPP victims to bring a motion early in the case, before expenses go through the roof, to force the SLAPPer to present evidence that it has a reasonable chance to win."
10-26-2005, 06:42 PM
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Re: SLAPP lawsuit. It's not about justice - it's about revenge and silencing a critic.
he hgas no basis for a countersuit unless he choses to sue them for whatever is wrong with the car.
That being said, he will likely prevail - my bet is that the suit was done to make him nervous
That being said, he will likely prevail - my bet is that the suit was done to make him nervous
10-27-2005, 04:35 PM
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Interference with First Amendment Rights - maybe more of an injunction but still grounds.
And, yes, he will previal easily. Maybe they read him as not sophisticated enough to resist. Bad call for the company but the lawyer still makes his money.
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