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

[TallGuyJohninBKK]

1 hour ago, JLCrab said:

Great -- do you only get one guess?

 

Yes only one, and despite your prior comment, I did describe and base my prior post on the general rules of libel and defamation law in the U.S.

 

So based on that, my one and only guess will be -- that Musk will fail to get the case dismissed pre-trial, and it will proceed either to a settlement, or failing that, ultimately a trial.

 

[balo]

Where can I sign up to sue him ? 

[sanemax]

40 minutes ago, Nyezhov said:

I was trying to help you since you didnt understand the first one. Clearly you still dont, because if Musk win(s) Vern can. Not not.

It seems that you are trying to say that if Musks gets the Court decision to have the case thrown out , Vern can appeal against that decision , but if Musk doesnt get the decision to have the case thrown out, he cannot appeal that decision  

[stevemac]

I agree with you. But money damages IMO are not but warranted. USA defamation law are not same as Thailand. Would have been good if the two grown men could have sat down and Musk apologize and make some reconciliation effort and Vern accept it and move on. By hiring lawyers it looks like a greed move on Vern’s part. No one believe Vern is a Pedo and just because you are wealthy does not mean you owe money to someone for insulting them.  If Musk had no money there would not be a lawsuit. Frankly I am not proud of either one of these men in this situation.  

Actually, I think Vern has shown a lot of humility in this situation. Appeared very humble where he could have come back all guns blazing. It was only after Elons continued escalation that he launched the legal action. Even then he did not resort to childish and unfounded insults/ defamation. This could have been resolved very early on without Elon trying to use the power of his myriad followers or (ab)use of power. Obviously thought this would overwhelm the minnow.

Sent from my SM-G920F using Thailand Forum - Thaivisa mobile app

[BradWilkins]

No doubt the mini sub was a PR stunt. And he should have never said he was a pedo and child rapist. Pay the price.

[Nyezhov]

Just now, sanemax said:

It seems that you are trying to say that if Musks gets the Court decision to have the case thrown out , Vern can appeal against that decision , but if Musk doesnt get the decision to have the case thrown out, he cannot appeal that decision  

Yep, you got it. Oh wait. let me fix that.

 

Yes, you are entirely correct. To reiterate, because a decision granting Musks motion would be a final order (eg; an Order that terminates the legal proceedings) Vernon will have the right to appeal. In contrast, because an Order denying Musks motion does not end the proceedings, it is not final. Rather, it is interlocutory, which is not appealable as of right since Musk may continue to proceed in his defense.

 

But you understand it either way, dontcha?

[sanemax]

1 minute ago, Nyezhov said:

Yep, you got it. Oh wait. let me fix that.

 

Yes, you are entirely correct. To reiterate, because a decision granting Musks motion would be a final order (eg; an Order that terminates the legal proceedings) Vernon will have the right to appeal. In contrast, because an Order denying Musks motion does not end the proceedings, it is not final. Rather, it is interlocutory, which is not appealable as of right since Musk may continue to proceed in his defense.

 

But you understand it either way, dontcha?

So, if Musk fails to get the Court case thrown out , the Court case will go ahead .

 

[Nyezhov]

8 minutes ago, stevemac said:

Actually, I think Vern has shown a lot of humility in this situation. Appeared very humble where he could have come back all guns blazing. It was only after Elons continued escalation that he launched the legal action. Even then he did not resort to childish and unfounded insults/ defamation. This could have been resolved very early on without Elon trying to use the power of his myriad followers or (ab)use of power. Obviously thought this would overwhelm the minnow.

Vern has a lot of options. If it was me, I'd settle for a public apology on all social media platforms, legal fees (by the hour) and the establishment of a trust fund for the Cave Boys education, say 250K USD. And Id let the Judge know that too ???? And Id write the apology ???? ???? 

 

Hell even better, the apology, a million, ill pay off the shyster and set up the fund ????

Edited December 28, 2018 by Nyezhov

[sanemax]

2 minutes ago, Nyezhov said:

Vern has a lot of options. If it was me, I'd settle for a public apology on all social media platforms, legal fees (by the hour) and the establishment of a trust fund for the Cave Boys education, say 250K USD. And Id let the Judge know that too ???? And Id write the apology ???? ???? 

Would that written apology be understood though ?

[Nyezhov]

4 minutes ago, sanemax said:

So, if Musk fails to get the Court case thrown out , the Court case will go ahead .

 

Yes that is correct. Unless he gets permission to appeal under narrow circumstances.

[JLCrab]

 

5 minutes ago, Nyezhov said:

ern has a lot of options. If it was me, I'd settle for a public apology on all social media platforms, legal fees (by the hour) and the establishment of a trust fund for the Cave Boys education, say 250K USD

Oh come on I don't think Vern has 250K USD unless he's already sold his publishing rights.

Edited December 28, 2018 by JLCrab

[Nyezhov]

Just now, JLCrab said:

Oh come on I don't think Vern has 250K USD and why sh

Oh come on I don't think Vern has 250K USD unless he's already sold his publishing rights.

No, Musk pays the 250.

[JLCrab]

7 minutes ago, Nyezhov said:

8 minutes ago, JLCrab said:

Oh come on I don't think Vern has 250K USD and why sh

Oh come on I don't think Vern has 250K USD unless he's already sold his publishing rights.

No, Musk pays the 250.

Oh well silly me -- since you said nothing about Musk agreeing to the arrangement I thought Vern would be making the trust fund contribution and paying Musk's legal fees with an apology for dragging this whole thing in Court.

Edited December 28, 2018 by JLCrab

[mrfill]

Elon Musk - proof that gobby keyboard warriors are not just spotty kids.

 

The Duke of Wellington once said "Publish and be damned". Musky published and now he's damned and trying to take the rich cowards way out by trying to distort laws. What a wimp.

[gamini]

Unsworth revelled in the limelight (probably for the first time in his life) until Musk arrived on the scene. He was obviously upset about being upstaged.  He behaved in a loutish manner by insulting Musk with a childish obscene outburst.  It was entirely uncalled for. Musk spent a lot of his valuable time and huge sums of money trying to help.  Unsworth has revealed his true self which now includes greed in trying to make money out of the situation. My admiration for him has entirely evaporated.

[HAKAPALITA]

11 hours ago, JLCrab said:

As mentioned in OP, a hearing is scheduled for April 1, 2019 and, despite Mr. Unsworth's lawyer's protestations as to the basis of the appeal, the case may never get beyond that point.

Sadley as usual, it wont get comments on the Case, just bash the rich,from the regular Fan Room have nots.

[Torrens54]

Okay, forget the imbecilic US Legal system, file the action in the UK Courts and see how Leon STENCH...er Musk gets along with a Legal System that can’t be corrupted.

[KneeDeep]

32 minutes ago, gamini said:

Unsworth revelled in the limelight (probably for the first time in his life) until Musk arrived on the scene. He was obviously upset about being upstaged.  He behaved in a loutish manner by insulting Musk with a childish obscene outburst.  It was entirely uncalled for. Musk spent a lot of his valuable time and huge sums of money trying to help.  Unsworth has revealed his true self which now includes greed in trying to make money out of the situation. My admiration for him has entirely evaporated.

 

Nonsensical statement. Are you a personal friend of the loud mouthed idiot?

 

Musk could have restricted his comments to the subject in question. But instead he went waaaaaaaay over the top. Not content with that, he re-doubled on his comments and went further. Writing in a way that implied that he knew that Unsworth is a paedophile.

 

So, there is no way that Musk will escape scott-free unless US law is an ass.

Edited December 28, 2018 by KneeDeep

[KneeDeep]

1 hour ago, JLCrab said:

Oh well silly me -- since you said nothing about Musk agreeing to the arrangement I thought Vern would be making the trust fund contribution and paying Musk's legal fees with an apology for dragging this whole thing in Court.

 

 

Remember that Musk invited Unsworth to sue him. His bluff failed.

 

It will work against him, as it provides further proof that he published in a manner to convince the public that Unsworth was a paedophile and too afraid to sue as it would reveal that what Musk was saying was true.

 

Therefore if Unsworth did not sue, everyone would assume that what Musk was saying was true.

So Unsworth was forced to sue.

The courts will be made aware of Musk's comments in this regard.

It's going to cost him and he knows it.

Good.

He let his ego get the better of him. Petulance, pure and simple.

[Nyezhov]

54 minutes ago, mrfill said:

Elon Musk - proof that gobby keyboard warriors are not just spotty kids.

 

The Duke of Wellington once said "Publish and be damned". Musky published and now he's damned and trying to take the rich cowards way out by trying to distort laws. What a wimp.

Actually, he is entitled to make the argument.

 

36 minutes ago, Torrens54 said:

Okay, forget the imbecilic US Legal system, file the action in the UK Courts and see how Leon STENCH...er Musk gets along with a Legal System that can’t be corrupted.

I doubt you will find many Federal District Court Judges who can be "corrupted". Its not a Chicago Traffic Court.

 

27 minutes ago, KneeDeep said:

So, there is no way that Musk will escape scott-free unless US law is an ass.

Au contraire (on the contrary), Musk does make some valid (legitimate) legal points, although on the facts pled (set forth in a the Complaint) he probably won't prevail (win). The rationale (reason) for that, is that under the Rules, when a motion (a request to the court to do something in a matter before it) to dismiss (throw out) is made by a Defendant (the person being sued) at this stage of the action (proceedings), all the allegations (accusations) of the Plaintiff (the person who is suing) are deemed (considered) to be true.

[Nyezhov]

1 minute ago, KneeDeep said:

 

??

You state "on the contrary" but then go on to agree with me that Musk will not likely escape scott-free.

 

Seriously....too many words utilised in saying nothing.

 

Too many double negatives Mr. Writer 

 

 Do you want me to simplify again? I tried to translate the legal terms. Was it not clear to you that:

1. Musk does have a valid legal argument.

2. However, it wont work BEFORE TRIAL (or to be technical, Discovery).

 

 

[ukrules]

11 hours ago, JLCrab said:

However this case is in US federal Court in California which has rules and precedent on such matters.

At the moment it is. Vern, should he be denied justice in the US could choose to file charges of defamation in Thailand.

 

Now that would be an interesting development,  I guess it all depends on how the US justice system treats him.

 

I expect Vern will get screwed over and told to go to hell, that's the point where I would file defamation charges in Thailand if I were him.

 

Musk should settle the matter directly with Vern.

Edited December 28, 2018 by ukrules

[JLCrab]

49 minutes ago, KneeDeep said:

Therefore if Unsworth did not sue, everyone would assume that what Musk was saying was true.

So Unsworth was forced to sue.

The courts will be made aware of Musk's comments in this regard.

So the abbreviated quote above is your interpretation of how a US Federal court should function. Thank you.

[djayz]

If you make a statement like that, you'd better back it up or pay up! 

[scorecard]

7 hours ago, JLCrab said:

Why don't you just say that -- unlike yourself -- he's a person of "low self-esteem" like you usually do.

When did I ever say that?

[JLCrab]

Just now, scorecard said:

When did I ever say that?

You didn't. The arachnid kid did.

[JLCrab]

5 minutes ago, djayz said:

If you make a statement like that, you'd better back it up or pay up! 

Wow -- they sure would save a lot of the Court's time.

[Burma Bill]

Looks as if "brown envelopes" exist in California! . The Boring Company just about sums up Musk but "abnoxious" would be a great addition to the name in my opinion.

[Burma Bill]

Looks as if "brown envelopes" exist in California! . The Boring Company just about sums up Musk but "abnoxious" would be a great addition to the name in my opinion.

[balo]

3 hours ago, Nyezhov said:

f it was me, I'd settle for a public apology on all social media platforms, legal fees (by the hour) and the establishment of a trust fund for the Cave Boys education, say 250K USD

It's a bigger chance for Musk landing on Mars within 20 years than this to happen .