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Tesla's Musk says British Thai cave rescuer's defamation case should be dismissed


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6 minutes ago, sanemax said:
10 minutes ago, JLCrab said:

Well I wouldn't put it quite in those terms but the US Supreme Court disagrees with you.

This case hasnt been to Court yet , so you cannot say what verdict the Court will give .

You said that a "he started it" defense would not be acceptable and what I said is that the US Supreme Court has already decided in a previous case that, if it is the plaintiff, it definitely makes a difference who started it -- and the case is referenced in Musk's attorney's filing motion to dismiss but absent in Unsworth's claim of defamation attorney's filing.

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Just now, JLCrab said:

You siad that a "he started it" defense would not be acceptable and what I said is that the US Supreme Court has already decided in a previous case that, if it is the plaintiff, it definitely makes a difference who started it -- and the case is referenced in Musk's attorney's filing but absent in Unsworth's attorney's filing.

We are talking about this case though .

All cases are different , even in this case, it may make a difference in Musks fine , maybe get a reduced fine to pay , but it wouldnt get him a not guilty verdict .

   Anyone could say "He called me a ******** and so I murdered him, he started it"

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2 minutes ago, sanemax said:

All cases are different

In common law legal systems, a precedent or authority is a legal case that establishes a principle or rule. This principle or rule is then used by the court or other judicial bodies use when deciding later cases with similar issues or facts. ... The Latin term stare decisis is the doctrine of legal precedent.

https://simple.wikipedia.org/wiki/Legal_precedent

 

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36 minutes ago, JLCrab said:

Maybe so but that hardly makes what what Unsworth said on CNN, which precipitated this whole chain of events, "not relevant" especially in determining procedural matters should this case ever go to trial.

No point in discussing with you, your mind is made up, musk cannot do any wrong and his 'phedo' etc., comments are all OK.

 

Let's move on folks.

 

 

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8 minutes ago, scorecard said:

No point in discussing with you, your mind is made up, musk cannot do any wrong and his 'phedo' etc., comments are all OK.

 

Let's move on folks.

You can move on if you want -- Musk has hired attorneys that have filed a motion to dismiss which people on here have already said makes no sense -- at least based upon the little they know of it -- when it has been filed by one of the top litigators in Los Angeles who will not be intimidated by the renowned Mr. Lin Wood Esq.

 

But I guess Vern can do no wrong, huh? 

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16 minutes ago, JLCrab said:

In common law legal systems, a precedent or authority is a legal case that establishes a principle or rule. This principle or rule is then used by the court or other judicial bodies use when deciding later cases with similar issues or facts. ... The Latin term stare decisis is the doctrine of legal precedent.

https://simple.wikipedia.org/wiki/Legal_precedent

 

Yes, I do realise that , what are the previous similar cases to this one, which has set a precedent ?

   The "he started it " defence may be acceptable in some cases , but I doubt that it would be acceptable in this case because Vern didnt break any laws

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3 minutes ago, JLCrab said:

You can move on if you want -- Musk has hired attorneys that have filed a motion to dismiss which people on here have already said makes no sense -- at least based upon the little they know of it -- when it has been filed by one of the top litigators in Los Angeles who will not be intimidated by the renowned Me. Lin Wood Esq.

 

But I guess Vern can do no wrong, huh? 

 

Vern was accused by musk, in very clear words of being a phedo, musk hasn't bothered to provide any proof, and nobody else including musks' lawyers have provided any proof of vern being a phedo or anything similar... 

 

Surely vern wouldn't sue musk if there was evidence of him being a phedo lurking somewhere. That doesn't jel with 'vern can do no wrong, not at all. And by the way I never said vern can do no wrong, but I sure do respect the man.

 

On the other hand, let's go back to musk, your so called top litigators in LA seem to be claiming that it's not possible to sue musk because musks words were on twitter which suddenly seems to have some legal protection meaning that folks can say anything on twitter and cannot be challenged or sued. I would have serious doubts these guys are the top litigators in LA if that's all they can come up with.

 

 

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5 minutes ago, sanemax said:

what are the previous similar cases to this one, which has set a precedent ?

Forget it -- it's much more fun to read the stuff you write when you don't know what they are but you go ahead and write anyway.

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1 minute ago, scorecard said:

your so called top litigators in LA seem to be claiming that it's not possible to sue musk because musks words were on twitter which suddenly seems to have some legal protection meaning that folks can say anything on twitter and cannot be challenged or sued. I would have serious doubts these guys are the top litigators in LA if that's all they can come up with.

Why do you think that's all they could come up with although there are cases out their where appellate courts have decided just that. 

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Just now, JLCrab said:

Forget it -- it's much more fun to read the stuff you write when you don't know what they are but you go ahead and write anyway.

So, you have no idea what you are talking about and cannot provide any "precedents" to cases similar to this .

   BTW , why are you defending Musk to such a high degree , especially after he gave a sordid  reason as to why you live in Thailand (assuming that you do)

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6 minutes ago, sanemax said:

So, you have no idea what you are talking about and cannot provide any "precedents" to cases similar to this .

I didn't say that I can't -- I just said that I won't.

 

Are any of you guys out there playing tag team with me American? Do you have any idea how the US legal system works? Why do expect me to offer a primer when you repeatedly say things that would indicate otherwise?

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10 minutes ago, JLCrab said:

Why do you think that's all they could come up with although there are cases out their where appellate courts have decided just that. 

Although in a recent case were CEO of Tesla lied on Twitter about having funding in place to take Tesla private , the Judge recognized those Tweets as having legal merit

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2 minutes ago, sanemax said:

Although in a recent case were CEO of Tesla lied on Twitter about having funding in place to take Tesla private , the Judge recognized those Tweets as having legal merit

Do you think Unsworth is the first person to ever sue someone for what they derogatorily said on Twitter? This is not something Musk's team "came up with". This is established law as cited in the motion to dismiss.

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