Legal bro's, I need your opinions.
If Monty wins, does that make any difference legally to anyone else that Rekieta has dropped a bucket of shit on, if they were inspired by a Monty victory to sue him for defamation?
Rekieta appears to be saying he has to fight this case to the bitter end, else some of his A-Logs might come gunning for him.
The circumstances of this case make the verdict meaningless in terms of any future cases. Defamation cases on the internet are usually incredibly difficult to prove and to win on. If Monty wins here, it will only be because Nick made a series of bad decisions that he could have easily avoided.
- Don't make factual statements about someone being something unless you have facts to back it up. Especially if you are accusing them of a crime.
- If there is a public controversy about someone, talk about the controversy rather than directly accusing them of something. "People talk on the internet about him being a pedo" rather than "He is a pedo doing acts with children"
- Don't talk about your own case on the internet. Don't talk about your motives for making the defamatory statement.
- Never dare someone to sue you like Nick did. Never make potentially defaming comments and then dare someone to sue you.
- Never assume someone doesn't have the resources to hire an attorney and sue you.
Nick did everything that you are not supposed to do in these situations and then got sued. If a person acts like a fool, they will suffer the consequences of acting like a fool.
What kind of lawyer can nick hire at this stage? A case that is already on appeals and is on a ridiculous argument about jurisdiction?
My advice would be to hire someone not flashy who understands defamation cases. Abandon the appeal because its stupid and it will not work. Put as much effort as necessary into winning the public figure argument.
If the judge starts pushing for a settlement, cooperate with that effort as much as possible. Make it look to the judge like you are reasonable and want this over. If an apology is necessary, agree to it. Stop bugging the judge with long motions and documents about how Monty is a bad person.
The case should be fought on two grounds. The question of actual malice by Nick in making the comments and on the amount of damages that should be awarded.