Based on the papers submitted on this motion, prior to the publication of the book, the defendant was infamous for being, among other things, racist, misogynist, and anti-gay, as well as a sexual predator, a drug-abuser, a thief, and an embezzler. Further, the defendant had a reputation—largely due to his autobiography—of being willing to do anything to benefit himself and his team, including using steroids and blackmailing umpires . . . Considering this information, which was presumably known to the average reader of the book, this Court finds that, as a matter of law, the reference in the book has not exposed the defendant to any further “public contempt, ridicule, aversion or disgrace,” or “evil opinion of him in the minds of right-thinking persons,” or “deprivation of friendly intercourse in society.”
The nature and seriousness of the defendant's criminal offenses, which include fraud, embezzlement, grand theft, and lewd conduct and assault with a deadly weapon, and notably the degree of publicity they received, have already established his general bad reputation for fairness and decency far worse than the alleged racially charged bench-jockeying in the reference could . . .
. . . Given the aforesaid litany of stories concerning the defendant's poor and mean-spirited behavior particularly toward various groups including racial minorities, women, and the LGBTQ community—this Court finds that, as a matter of law, the reference cannot “induce an evil opinion of [the defendant] in the minds of right-thinking persons” or “deprive him of their friendly intercourse in society,” as that “evil opinion” has long existed
Top of Page Bottom of Page PermalinkFull Name: Thumbkinetic (Bluestnote)
on Monday, June 1, 2020 – 03:52 pm
Hard to say. Hard as nails,
Hard to say. Hard as nails, even.
Top of Page Bottom of Page PermalinkFull Name: nebulous nelly Orange County Lumber Truck
on Monday, June 1, 2020 – 03:53 pm
Hmmm.... nails, you say?
Top of Page Bottom of Page PermalinkFull Name: Thumbkinetic (Bluestnote)
on Monday, June 1, 2020 – 03:54 pm
The embezzlement was the
The embezzlement was the kicker.
Otherwise I might have said, "Schilling wrote a book?"
Top of Page Bottom of Page PermalinkFull Name: New & Improved nedb
on Monday, June 1, 2020 – 03:55 pm
Not Squiggy's Lenny.
Not Squiggy's Lenny.
Top of Page Bottom of Page PermalinkFull Name: Ken D. Portland_ken
on Monday, June 1, 2020 – 04:27 pm
Don't know who its referring
Don't know who its referring to, but the judge was saying that whoever it was had such a bad reputation to begin with, that person could not be sued for defamation, even assuming the statements at issue were false.
At my old firm, we had a client who was the owner of a strip club. A local anti-strip club activist was going around making false and defamatory statements about him so we sued her for defamation. However, at trial, the lady's attorney made a similar argument that because the plaintiff strip club owner already had such a piss poor reputation in the community for various things, he could not be harmed by her statements, even assuming the statements were false. The jury found that the lady had indeed made false statements, but nevertheless ruled in her favor because they bought that argument and apparently didn't think the strip club owner's reputation could be hurt any further by the false statements.
Top of Page Bottom of Page PermalinkFull Name: nebulous nelly Orange County Lumber Truck
on Monday, June 1, 2020 – 04:34 pm
I understand what the judge was saying, ken, i just think it's funny, because it's true
Top of Page Bottom of Page PermalinkFull Name: Ken D. Portland_ken
on Monday, June 1, 2020 – 04:36 pm
Who is it?
Who is it? Some baseball player?
Top of Page Bottom of Page PermalinkFull Name: nebulous nelly Orange County Lumber Truck
on Monday, June 1, 2020 – 04:38 pm
Nails, of course, bluest led off and knocked it out of the park, something Nails could do as well