There are many cases that have dealt with the term "pedophile" and they say its defamatory per se. And the fact that were other cases and opinions that dealt with the term "sexual predator was the standard for this case as well.
Which goes to show how inconsistent the justice system can be with the judge of the week.
There was actually a trial, before a jury, and the jury apparently made the finding that he didn't intend it as an actual factual statement.
The judge didn't do anything wrong. He denied the motion to dismiss, as the complaint clearly set out a colorable claim. The defendant won in a jury trial. I note lead counsel for plaintiff was Lin Wood. That guy seems to have his fingers in a lot of pies and little good seems to happen with him around. I'm getting Avenatti vibes tbh.
The suit defeating the MTD completely escaped me. For purposes of deliberation by a jury, it appeared to Musk was just shitposting, not trying to convince anyone that the diver was a child-toucher. It's a lot different in Vic's case where the defendants (mostly Ron) are quick to remind people that Vic TOTALLY abused and hurt women.
She's as ignorant as she is fat. That wasn't even in the ruling. And the jury instructions make it clearly that the issue was whether listeners would reasonably have viewed the accusations as true statements of fact. They were so obviously defamatory if viewed as factual that it wasn't even discussed seriously.
Yes because they're, while not entirely identical, very similar standards. It safely passed muster under both.
Musk dodged a bullet big time there. He absolutely should have been found guilty for that. He's a cocksucker of the highest calibre endlessly selling bullshit to gullible millennials.
I think he was a genuine fuckwad for doing that shit and any residual respect I had for him completely disappeared for that repugnant behavior. Making completely vile, false claims of that absolutely horrible nature against a guy who is basically a hero, just because the guy told him to get bent, is disgusting behavior, unworthy of a civilized human being.
He was channeling his inner gamer
I know this case is supposed to be expedited, but how long were those cases on the docket?
Is it too late for me to file an amicus brief? This one'll zing 'em good on Twitter.
Now this is interesting. This could only mean one of two things: either the appeal judges are lazy and are just going to cover in the last minute or they’re really looking through these documents thoroughly. I would hope it’s the latter and not the former.
Usually on Thursdays, if I remember correctly, but it's more like a habit than a hard and fast schedule. And there's literally no telling how long a case will sit on their desks waiting for an opinion.
While it's not immensely complicated factually, there are still 17 causes of action and all of them are contested. They're going to have to address all of them unless they conclude that some appeal points are meritless enough not to require a written opinion. Then, beyond the 17 causes of action, there's a fairly interesting argument about fees that will probably require analysis unless it is mooted by a complete reversal of the dismissal of the Toye/Rial claims. It's probably a trial court discretion thing but will still require discussion.
There's also the public figure thing (which I guess would be part of the greater defamation arguments) and the arguments about the timeliness about the second amended petition
no i mean like the Supreme Court usually releases its decisions in June.
If they're appeals court judges, they should be. That's their job. They should be aware of any fact that's in the record. They also all have law clerks who were specifically chosen for being the most autistic law nerds in their class.
