Penicillin Posted December 7, 2019 Share Posted December 7, 2019 1 minute ago, Dumbastheycome said: That would imply that the Lawyers for Unsworth, who were acting pro bono, are up for covering the court costs? Their ticket in the lottery not a winner ? Or the other way around? Either way it will be for sure that Musk's Lawyers will not be cheap so that at least should compensate a little for the objections of outcome. No, the court costs are the responsibility of the litigant , not the attorney representing the litigant. Court costs and attorney fees are not the same thing . Plaintiffs lawyers in these types of cases are not usually altruistic champions of justice , but rather attorneys just gambling on a big payday. Unless the litigant had a prearranged agreement that his lawyers would cover the prevailing parties court costs....he’s likely on the hook for a fairly large bill. Link to comment Share on other sites More sharing options...
Torrens54 Posted December 7, 2019 Share Posted December 7, 2019 American Justice....this illustrates it applies, depending upon WHO. is PAID and....HOW MUCH ! Unsworth should sue Elon Stench, in Thailand . Link to comment Share on other sites More sharing options...
maxcorrigan Posted December 7, 2019 Share Posted December 7, 2019 1 hour ago, Yadon Toploy said: Correct answer. As clear a case of defamation as there ever was. I wouldn't worry though, Musk will get done criminally in the Thai courts. You kidding, i totally disagree with the verdict, but get justice in a Thai court no chance, money screams louder here than most other places, you only have to look at the government here! Link to comment Share on other sites More sharing options...
Proboscis Posted December 7, 2019 Share Posted December 7, 2019 3 hours ago, canopy said: At a time when everyone else was relieved and overjoyed the kids were rescued Vern chose to make his 10 seconds of fame by smugly blurting out insults and lies about Elon to millions by way of CNN. I never understood that. I also never understood why Elon retaliated so viciously. Glad a little childish nonsense between two adults did not result in multi million dollars changing hands. Hopefully Elon does not counter sue and leaves it alone. And hope Vern has learned something. Vern blurted out lies? Really? Link to comment Share on other sites More sharing options...
Genericnic Posted December 7, 2019 Share Posted December 7, 2019 22 minutes ago, teutonian said: There certainly are defamation suits in criminal courts in Thailand. Sansiri sued a VIP customer over Tweets complaint for poor quality condos in Phuket. It’s in front of the criminal court as we speak. This is a classic way to shut up consumer complaints in a very unclassy way by thin skinned companies pretending to operate by international standard. As a lawyer (retired), I see two (at least) weaknesses in the Thai legal system. The first is that there is no jury system here in criminal matters. After 30 years in practice and many civil and criminal trials, I have learned to trust a jury to reach the right conclusion more often than not and definitely more often that a judge. The other is making defamation a criminal matter rather than a purely civil one. I know of no first world country that has a criminal defamation statute where the power of the state is used to deal with what is a purely personal matter. David Link to comment Share on other sites More sharing options...
fvw53 Posted December 7, 2019 Share Posted December 7, 2019 2 hours ago, BestB said: I never realised he was seeing $180 million in damages . Hardly surprising he lost maybe if he was more smart and seeking $100000-200000 he would of won but $$180 million ????? .....regardless the painful exchange of insults ....and the need for a profound apology by Musk....I am happy that the real vultures of the US culture i.e. the lawyers are biting in the sand. Link to comment Share on other sites More sharing options...
oobar Posted December 7, 2019 Share Posted December 7, 2019 2 hours ago, sunnyboy2018 said: Lets wait till Musk comes to Thailand shall we? When he comes, I hope he brings a boatload of cyber trucks so I can buy one. Link to comment Share on other sites More sharing options...
garzhe Posted December 7, 2019 Share Posted December 7, 2019 3 hours ago, MarineEquine said: One law for the rich and another for the poor. No so. Sensible decision over a childish slanging match started by Unsworth. Probably financed by US lawyers on a no win no fee basis. Link to comment Share on other sites More sharing options...
denby45 Posted December 7, 2019 Share Posted December 7, 2019 2 hours ago, sirineou said: What are your thoughts about someone telling you to stick something where it hurts? Do you think that's right? Why do you think telling some one to stick it somewhere is the same as calling someone a pedophile? Especially someone who has an audience of some 30 million followers on twitter. Den Link to comment Share on other sites More sharing options...
newnative Posted December 7, 2019 Share Posted December 7, 2019 12 minutes ago, chilli42 said: Not to mention all those, who don’t bother with details, will think he lost because he is a “pedo guy” And, there lies the problem. False information gets out there, is widely disseminated, and too many people don't bother to read beyond the false headline. Just the other day a good example with the headline 'The Queen scolds Princess Anne for not greeting the Trumps.' No such thing happened but many will not read the follow up explaining what really happened in the video. Link to comment Share on other sites More sharing options...
Neeranam Posted December 7, 2019 Share Posted December 7, 2019 Sickening that this tosser gets off Scot free with slandering the good name of a hero. What annoys me more is the multitides of people from that country that critiize Thailand's judicial system, political system, and corruption. Isn't that the same city that aquitted a rich, famous 'football' player for obvious murder? Pathetic. I am certainly never buying a Tesla because of this. Link to comment Share on other sites More sharing options...
JRG23 Posted December 7, 2019 Share Posted December 7, 2019 If it was a UK court Musk would have lost. UK courts much much harsher on defamation. Link to comment Share on other sites More sharing options...
monkfish Posted December 7, 2019 Share Posted December 7, 2019 9 minutes ago, denby45 said: Why do you think telling some one to stick it somewhere is the same as calling someone a pedophile? Especially someone who has an audience of some 30 million followers on twitter. Den Don't forget Unsworth first went on CNN and insulted Musk in front of Millions for no reason everyone seems to happy to forget that. Link to comment Share on other sites More sharing options...
Dustdevil Posted December 7, 2019 Share Posted December 7, 2019 3 hours ago, Samui Bodoh said: This is just wrong. I know that both sides do share some blame, but labeling a guy 'Pedo' on a public forum for no good reason should not be allowed. I am a fan of Elon most of the time, but not at this time. Hey Elon! Do the right thing and cut this guy a cheque for all his attorney's fees; you are a multi-billionaire and it is (literally!) the least that you can do. The First Amendment of the Constitution creates a high bar to win a slander or libel case. Defamation cases too easily won such as in Canada and Britain have a chilling effect on freedom of speech. In the U.S. the onus is on the plaintiff to prove the defendant deliberately lied and that the claimant's reputation suffered. Musk didn't deliberately "label" anyone anything; he just called him a name in an argument, and I see no compelling proof that the other guy's reputation suffered. I don't think anyone took the insult seriously. Link to comment Share on other sites More sharing options...
Dustdevil Posted December 7, 2019 Share Posted December 7, 2019 5 minutes ago, Neeranam said: Sickening that this tosser gets off Scot free with slandering the good name of a hero. What annoys me more is the multitides of people from that country that critiize Thailand's judicial system, political system, and corruption. Isn't that the same city that aquitted a rich, famous 'football' player for obvious murder? Pathetic. I am certainly never buying a Tesla because of this. Too easy to win slander cases in Britain, the paradise for defamation lawsuits. Link to comment Share on other sites More sharing options...
shackleton Posted December 7, 2019 Share Posted December 7, 2019 Agree with some on here Vern was ill advised by his defense team thinking they would get big bucks off Musk should have sorted out at the beginning before it got out of hand there are no winners in this one Link to comment Share on other sites More sharing options...
Neeranam Posted December 7, 2019 Share Posted December 7, 2019 18 minutes ago, Genericnic said: As a lawyer (retired), I see two (at least) weaknesses in the Thai legal system. The first is that there is no jury system here in criminal matters. After 30 years in practice and many civil and criminal trials, I have learned to trust a jury to reach the right conclusion more often than not and definitely more often that a judge. The other is making defamation a criminal matter rather than a purely civil one. I know of no first world country that has a criminal defamation statute where the power of the state is used to deal with what is a purely personal matter. David Russia. In the US, I heard that a judge can overule a jury's guilty verdict, what's the point if a jury then? Link to comment Share on other sites More sharing options...
jaffas21 Posted December 7, 2019 Share Posted December 7, 2019 Yeah the articles i was reading never mentioned he wanted damages like that, when i saw it earlier they were much lower. If he'd gone for 50 or 100k he would have won. Looks like stupid greed really. Link to comment Share on other sites More sharing options...
Dustdevil Posted December 7, 2019 Share Posted December 7, 2019 9 minutes ago, denby45 said: Why do you think telling some one to stick it somewhere is the same as calling someone a pedophile? Especially someone who has an audience of some 30 million followers on twitter. Den Did the cave guy's reputation actually suffer? The onus is on the plaintiff in the U.S. to PROVE that the defendant made a deliberate effort to lie, AND that the plaintiff's reputation actually suffered. Link to comment Share on other sites More sharing options...
Neeranam Posted December 7, 2019 Share Posted December 7, 2019 2 minutes ago, Dustdevil said: Too easy to win slander cases in Britain, the paradise for defamation lawsuits. I never mentioned Britain. Link to comment Share on other sites More sharing options...
Dustdevil Posted December 7, 2019 Share Posted December 7, 2019 1 minute ago, Neeranam said: Russia. In the US, I heard that a judge can overule a jury's guilty verdict, what's the point if a jury then? That's very rare. Link to comment Share on other sites More sharing options...
denby45 Posted December 7, 2019 Share Posted December 7, 2019 1 minute ago, monkfish said: Don't forget Unsworth went on CNN and insulted Musk in front of Millions for no reason. I agree Unsworth was an idiot for his part. However me calling him an idiot would never result in him suing me. It's banter. Politicians insult each other all the time in front of millions of viewers. It's all about the degree of the insult and what is utterly unacceptable. Again I will reiterate. Insulting someone with an off the cuff remark is not the same as calling someone a pedophile. Den Link to comment Share on other sites More sharing options...
Dustdevil Posted December 7, 2019 Share Posted December 7, 2019 29 minutes ago, Torrens54 said: American Justice....this illustrates it applies, depending upon WHO. is PAID and....HOW MUCH ! Unsworth should sue Elon Stunch, in Thailand . No, defamation cases depend upon the Constitution, not who's richer. In fact the First Amendment protects ordinary people from the wrath of the rich and powerful by making it difficult for them to win defamation cases. That's why Trump has made a 30-year career out of threatening libel and slander suits but has never actually filed one. Link to comment Share on other sites More sharing options...
metempsychotic Posted December 7, 2019 Share Posted December 7, 2019 3 hours ago, sirineou said: He had a golden opportunity and he squandered when he went after the quick payoff. After Musk apologised he should have held a press conference , said he was also sorry so telling Musk to stick it. Emotions were running high , bla bla bla, I would like to meet Musk and talk man to man, They mee have lunch, a couple of bears and ar buddies, , come out proclaim water under the bridge. Does not hurt to have a friend like musk IMO. what kind of fantasy world do you love in that this could have turned into a lunch date beers and a life long friendship? but the precedent has been set. i can now officially call folk here pedos without recrimination. may come in handy. Link to comment Share on other sites More sharing options...
BestB Posted December 7, 2019 Share Posted December 7, 2019 16 minutes ago, denby45 said: Why do you think telling some one to stick it somewhere is the same as calling someone a pedophile? Especially someone who has an audience of some 30 million followers on twitter. Den Whose reputation do you think is worth more ? A nobody or someone with an audience of 30 million ? Link to comment Share on other sites More sharing options...
rwill Posted December 7, 2019 Share Posted December 7, 2019 3 hours ago, MarineEquine said: One law for the rich and another for the poor. Defamation in the USA is harder to win. For one thing you have to prove you were damaged. And as far as the rich they are less protected from defamation in the USA. The fact that Vern told him to stick a minisub up his rear probably didn't help his case either. Link to comment Share on other sites More sharing options...
denby45 Posted December 7, 2019 Share Posted December 7, 2019 4 minutes ago, Dustdevil said: Did the cave guy's reputation actually suffer? The onus is on the plaintiff in the U.S. to PROVE that the defendant made a deliberate effort to lie, AND that the plaintiff's reputation actually suffered. Please use correct terminology. 1) a false statement purporting to be fact; 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. IMHO he is guilty on all four counts. Den Link to comment Share on other sites More sharing options...
denby45 Posted December 7, 2019 Share Posted December 7, 2019 5 minutes ago, BestB said: Whose reputation do you think is worth more ? A nobody or someone with an audience of 30 million ? I would say everyone's reputation is the same if you have money or not. Den Link to comment Share on other sites More sharing options...
tominbkk Posted December 7, 2019 Share Posted December 7, 2019 3 hours ago, MarineEquine said: One law for the rich and another for the poor. Not really, in the States there is a law for everyone. Pedo guy played his hand and lost. 190 million dollars? hahahaha. Link to comment Share on other sites More sharing options...
tominbkk Posted December 7, 2019 Share Posted December 7, 2019 39 minutes ago, Torrens54 said: American Justice....this illustrates it applies, depending upon WHO. is PAID and....HOW MUCH ! Unsworth should sue Elon Stench, in Thailand . Elon should now sue Pedo Guy for wasting his precious time. Elon has work to do! Link to comment Share on other sites More sharing options...
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