Gumby
In the Starting Line-Up
- Joined
- Oct 4, 2004
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ok, it hasn't happened yet, but I think it will (take it with a grain of salt, I thought TB would go to the supremes. So that shows what I know). And I would certainly BEG, PLEAD, AND URGE TB to file one and get the discovery-team combing the NYJFL servers.
I thought a thread should be started focused purely on a defamation suit. It's been addressed tangentially in almost every other deflate-sting-gate thread, but Idont think it's had its own.
(merge if you must cause I missed it)
So, baseline: here is what Cornell law has to say:
https://www.law.cornell.edu/wex/defamation
So, in my mind TB's legal team is only waiting for him to sit at least ONE game to make #4 a slam dunk. The other three are already a slam dunk (IMO). But again, what the heck do I know.
I just hope they file in 1CA district this time.
I thought a thread should be started focused purely on a defamation suit. It's been addressed tangentially in almost every other deflate-sting-gate thread, but Idont think it's had its own.
(merge if you must cause I missed it)
So, baseline: here is what Cornell law has to say:
https://www.law.cornell.edu/wex/defamation
Defamation
Elements and Complaint
Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements).
To win a defamation case, a plaintiff must show four things:
1) a false statement purporting to be fact; [my note: see below]
2) publication or communication of that statement to a third person;
3) fault amounting to at least negligence; and
4) damages, or some harm caused to the person or entity who is the subject of the statement.
. . . .
However, for Publicly-known figures to succeed on defamation claims, the U.S. Supreme Court has held in St. Amant v. Thompson that the public-figure plaintiffs must show that the false, defaming statements have been said/made with "actual malice" which is established through that is, with knowledge that it was false or with reckless disregard of whether it was false or not.
So, in my mind TB's legal team is only waiting for him to sit at least ONE game to make #4 a slam dunk. The other three are already a slam dunk (IMO). But again, what the heck do I know.
I just hope they file in 1CA district this time.