Laika Community Moderator Posted March 30, 2022 Posted March 30, 2022 IANAL, so I will defer to you on this, I simply note that these sorts of suits by public figures are rarely successful because it is such a high bar. Cursory googling found me this, which seems to mostly be "The Daily Mail sucks so f***ing hard", and that these successes are oftentimes years apart. yeah it's true, most are never litigated and get dropped or settled for who knows how much
L54 Old-Timey Member Posted March 30, 2022 Posted March 30, 2022 Meh, as someone mentioned, what is the damage? Even if the court finds malice, what is the damage from a few tweets? If the tweets were not sent, Bauer would be in the exact same position. This is true. Other than a f*** you to Molly Knight and The Athletic which might be all it is.
Laika Community Moderator Posted March 30, 2022 Posted March 30, 2022 Meh, as someone mentioned, what is the damage? Even if the court finds malice, what is the damage from a few tweets? If the tweets were not sent, Bauer would be in the exact same position. he probably just wants to drain Molly Knight's life savings
L54 Old-Timey Member Posted March 30, 2022 Posted March 30, 2022 I don't even think you're getting the basics of this. It's not "pleading the fifth", or anything remotely like that. There's a very high evidentiary bar for defamation lawsuits filed by public figures, and proving that someone was lying is difficult. "I'm too stupid to understand that; it wasn't a lie, it was my own incompetence" is a perfectly valid defence in cases like this. Barring some Emails where the reporter said something to the effect of "I know this isn't true, but I'm going to tweet it anyway" (which could exist, I guess), it's next to impossible to show that they KNEW they were lying. Pretty sure I understand the basics of it thanks It is a lot more likely there is a supporting document that literally says there was no fracture than all they had was a photocopy of her CT scan
Stottlemyres_Bloody_Chin Verified Member Posted March 30, 2022 Posted March 30, 2022 I don't even think you're getting the basics of this. It's not "pleading the fifth", or anything remotely like that. There's a very high evidentiary bar for defamation lawsuits filed by public figures, and proving that someone was lying is difficult. "I'm too stupid to understand that; it wasn't a lie, it was my own incompetence" is a perfectly valid defence in cases like this. Barring some Emails where the reporter said something to the effect of "I know this isn't true, but I'm going to tweet it anyway" (which could exist, I guess), it's next to impossible to show that they KNEW they were lying. This. Bauer is wasting his money. There us ZERO chance he wins this.
Stangstag Old-Timey Member Posted March 30, 2022 Posted March 30, 2022 This. Bauer is wasting his money. There us ZERO chance he wins this. He’s also wasting her money, and that’s probably the point of it
Spanky99 Old-Timey Member Posted March 30, 2022 Posted March 30, 2022 He’s also wasting her money, and that’s probably the point of it With ZERO f***s given'
Dick_Pole Old-Timey Member Posted March 30, 2022 Posted March 30, 2022 Someone give this man a hug Do I think Bauer deserves to be banished from baseball? No. Do I think this man is going to milk this situation to his base of supporters/sympathizers well past his expiry date on the field, regardless if he gets blackballed or not? Yes. Like it or not, the Bauer to Kaepernick comparison is apt. Maybe he will get a MyPillow sponsorship just like Kaepernick got from Nike. Bauer has officially crossed the line from someone who is good at his particular area of expertise into pseudo-political icon - and that's NOT a compliment. Just like Kaepernick or someone like Jordan Peterson.
Deadpool Old-Timey Member Posted March 30, 2022 Posted March 30, 2022 He’s also wasting her money, and that’s probably the point of it SLAPP suits f***ing suck.
BTS Community Moderator Posted March 30, 2022 Posted March 30, 2022 Do I think Bauer deserves to be banished from baseball? No. Do I think this man is going to milk this situation to his base of supporters/sympathizers well past his expiry date on the field, regardless if he gets blackballed or not? Yes. Like it or not, the Bauer to Kaepernick comparison is apt. Maybe he will get a MyPillow sponsorship just like Kaepernick got from Nike. Bauer has officially crossed the line from someone who is good at his particular area of expertise into pseudo-political icon - and that's NOT a compliment. Just like Kaepernick or someone like Jordan Peterson. I don't share most of Bauer's political beliefs, but there's a lot to like there beyond that. I think his style of fan engagement, especially on YouTube, is good for the game and its a shame its often overshadowed by non baseball-related stories.
Dick_Pole Old-Timey Member Posted March 30, 2022 Posted March 30, 2022 I don't share most of Bauer's political beliefs, but there's a lot to like there beyond that. I think his style of fan engagement, especially on YouTube, is good for the game and its a shame its often overshadowed by non baseball-related stories. You have to consider though was he doing that for honest reasons? Or was the plan all along to make it a big grift? Just that this situation necessitated the grift angle being sped up. Now instead of a positive fan engagement experience, we have a clown show and a platform on which he can play victim. That's not good for baseball. Well, I suppose it might be if MLB has no qualms going down the Kardashian/Bachelor route of attention whoring.
Boxcar Old-Timey Member Posted March 31, 2022 Posted March 31, 2022 If he wants back to playing baseball, he should just lie low and let this thing die down. MLB doesn't want to be associated with violence to women, alleged or otherwise. It's roughly half it's prospective fan base. f*** due process, am I right? That s*** is for the cavemen of our society. Just wondering, if one of the wives of a billionaire you slept with decided to just accuse you of non consensual stuff, would you just bend over and take it like a real man? Just lie low and let your reputation go to s***?
Boxcar Old-Timey Member Posted March 31, 2022 Posted March 31, 2022 I don't think molly knight needs to KNOW it is not true. But she has to be guilty of some fault similar to negligence. So it might actually be enough to prove that she SHOULD HAVE KNOWN given her profession and what the medical evidence actually shows. Google says defamation in the USA has four components 1. false statement 2. which is communicated 3. by someone guilty of a fault amounting to at least negligence 4. damages From good old Wiki: In United States v. Jewell, the court held that proof of willful ignorance satisfied the requirement of knowledge as to criminal possession and importation of drugs. You can absolutely claim either that you're too stupid to understand what you're saying or that nothing you say should be taken seriously. That's how Rachel Maddow won a defamation case against her. The bar is ridiculously high. Like, we all know these people acted with intentional malice. It's clear as day. But you have to clear all 4 hurdles to get your case off the ground. You have to consider though was he doing that for honest reasons? Or was the plan all along to make it a big grift? Just that this situation necessitated the grift angle being sped up. Now instead of a positive fan engagement experience, we have a clown show and a platform on which he can play victim. That's not good for baseball. Well, I suppose it might be if MLB has no qualms going down the Kardashian/Bachelor route of attention whoring. You're misusing the word grifter. Bauer may like attention, but who cares? He's not making any money by engaging with fans. Colin Kaepernick converted his fledgling NFL career into a huge contract with Nike to pretty much race grift full time and occasionally pretend that he wants to play football again but that the whole league is blackballing him. He's now moved on to starring in documentaries which compare the NFL draft to slavery. When Bauer reaches anywhere near those heights, you might have a point, but he hasn't, so you don't.
L54 Old-Timey Member Posted March 31, 2022 Posted March 31, 2022 SLAPP suits f***ing suck. Maybe she should’ve done her due diligence and she wouldn’t be in this position.
Jimcanuck Old-Timey Member Posted March 31, 2022 Posted March 31, 2022 f*** due process, am I right? That s*** is for the cavemen of our society. Just wondering, if one of the wives of a billionaire you slept with decided to just accuse you of non consensual stuff, would you just bend over and take it like a real man? Just lie low and let your reputation go to s***? They won't do that, I'm their favourite memory.
Krylian Old-Timey Member Posted March 31, 2022 Posted March 31, 2022 Maybe she should’ve done her due diligence and she wouldn’t be in this position. 'Due Diligence'? Those fancy words are for the pre Twitter world.
Laika Community Moderator Posted March 31, 2022 Posted March 31, 2022 I wonder if journalists carry litigation insurance? Seems like they should These jobs do not pay well and carry massive risk, evidently
wilko Old-Timey Member Posted March 31, 2022 Posted March 31, 2022 I wonder if journalists carry litigation insurance? Seems like they should These jobs do not pay well and carry massive risk, evidently They should start every article with "allegedly".
connorp Old-Timey Member Posted March 31, 2022 Posted March 31, 2022 I wonder if journalists carry litigation insurance? Seems like they should These jobs do not pay well and carry massive risk, evidently I could see it covering judgements but you’d have to think the premiums would be sky high if it covered all litigation expenses. That’s why journalists should work for a company if they’re a loose cannon
connorp Old-Timey Member Posted March 31, 2022 Posted March 31, 2022 Or just stick to sports transactions/rumors and throw s*** out of your ass all you want
connorp Old-Timey Member Posted April 26, 2022 Posted April 26, 2022 Bauer to thr attack. Refreshing to see someone actually sue someone they say made false claims https://www.espn.com/mlb/story/_/id/33807286/los-angeles-dodgers-trevor-bauer-files-lawsuit-vs-woman-accused-sexual-assault
Stangstag Old-Timey Member Posted April 26, 2022 Posted April 26, 2022 Bauer to thr attack. Refreshing to see someone actually sue someone they say made false claims https://www.espn.com/mlb/story/_/id/33807286/los-angeles-dodgers-trevor-bauer-files-lawsuit-vs-woman-accused-sexual-assault You been following the whole Johnny Depp situation? It’s literally this but worse, and we get to watch all the juicy court footage.
connorp Old-Timey Member Posted April 26, 2022 Posted April 26, 2022 You been following the whole Johnny Depp situation? It’s literally this but worse, and we get to watch all the juicy court footage. I read some articles on it sometimes. JD is so f***ing weird/strange and so many drugs involved. Really hard to relate. The girl seems like she’s crazy in her own way and not with honorable intentions. Just a total dumpster fire of a situation lol.
Jimcanuck Old-Timey Member Posted April 26, 2022 Posted April 26, 2022 Bauer to thr attack. Refreshing to see someone actually sue someone they say made false claims https://www.espn.com/mlb/story/_/id/33807286/los-angeles-dodgers-trevor-bauer-files-lawsuit-vs-woman-accused-sexual-assault counterclaims are pretty standard operating procedure
connorp Old-Timey Member Posted April 26, 2022 Posted April 26, 2022 counterclaims are pretty standard operating procedure Idk. Feels like in the celeb world/me too era, it’s not. Usually it’s a pretty flat denial that they recall the encounter differently yada yada. It doesn’t seem like they go after them gang busters
THANOS Old-Timey Member Posted April 29, 2022 Posted April 29, 2022 The suspension would void his contract right?
JaysAllMighty Old-Timey Member Posted April 29, 2022 Posted April 29, 2022 That's like a $70M fine.... ouch
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