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Elon Musk could face defamation retrial as Brit diver's lawyer claims jury blundered


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1 hour ago, BritManToo said:
2 hours ago, MasterBaker said:

i could understand that Brit will need to pay legal fees one way or another

Doubt there will be any legal fees, it was a no win, no fee action.

The legal firm would have been paid by 50% of any win, which is probably why the claim amount was so much.

 

I suspect that since the lawyers got ahold of the case, on a contingency basis, Vern has just been along for the ride. 

 

For even the outside chance of a typical 25-40% contingency fee on an award this big, the lawyers will ride this pony until they're dead.  And I'd bet dollars to donuts that there are clauses in Vern's attorneys agreements that prevent him from calling a halt even if he wanted to.

 

If they make themselves pesky and time consuming enough, Musk may even decide to settle just to make it go away.  And then the lawyers have won.   Hopefully, Musk is in it now on principal, to stick it in the eye of the attorneys for demanding such a ridiculous amount.  And I hope he counter-sues to get his legal expenses paid, (by Vern's attorneys, not by Vern himself).

 

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It was quite clear and obvious that Musk was referring to Vern . So, you can say anything about anyone as long as you dont directly say their name when its quite clear and obvious that you are ta

I think Mr. Mark Stephen's, Esq. better come to grip with defamation laws as they exist in the USA. One of the key issues was that Unsworth had not shown any tangible damages - on the contrary - no on

Absolutely right. It's gone too far already. Going for such absurdly high damages payments has tarnished Unsworth's rep much more than any tweet would have.   Now is the time to walk away wi

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43 minutes ago, Shiver said:

Do you mean move on pedo's? 🙂 Of course, pedo doesn't necessarily mean what many assume it to be.  There was a pediatrician in UK some time back had bricks through his window because people misunderstood his job.

No, I mean that the two persons in this story are acting like children.

 

Regarding the pediatrician. Think about that it was in the UK, the land where most things are severely misunderstood.

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3 minutes ago, paulbrow said:

I hardly believe Mr. Musk would risk jury tampering charges over such an event.

There is a lot of people in this world in very high places, that do not deserve to called Mr.

And musk can be taken to a retrial  on appeal . 

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4 hours ago, webfact said:

Now the 64-year-old’s lawyer, Mark Stephens, claims post-verdict interviews with jurors show they decided the tycoon was not liable because he did not name Mr Unsworth in his tweet.

Give it up... the chance has gone!

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4 hours ago, sanemax said:

It was quite clear and obvious that Musk was referring to Vern .

So, you can say anything about anyone as long as you dont directly say their name when its quite clear and obvious that you are talking to or about them ?

Yes, because you are not implicating them directly. How readers interpret what they read is individually based on their perceptions , education and expectations .

 

one sentence can have 100 different meanings to 100 different people 

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Here is Vern’s problem:

 

Later Supreme Court cases barred strict liability for libel and forbid libel claims for statements that are so ridiculous as to be patently false.

 

Sorry, on my phone so can’t quote format that but nobody believes Musk was saying he was an actual pedophile.  
 

If you’re on some social media and call someone retarded that doesn’t mean people think you believe the person has an actual medical condition of mental retardation.  
 

Now, if Musk has said, “Vern has been convicted for pedophilia” that’s very different because Musk is now making a statement of fact which he knows to be untrue and it is easy to argue that his intent was to damage Vern’s reputation.

 

Congressman Nunes is fighting a similar uphill battle trying to sue a parody Twitter account “David Nunes’ Cow” as nobody believes a cow is actually posting Twitter updates.  

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Maybe someone from California can answer this in a few lines:

Are the names of the jury members public in California and/or should it be easy for a rich guy to get this information?

The way Musk behaves I understand that people don't want to upset him and maybe that was part of why he got away with this.

Personally I would be careful about upsetting the richest guy in the neighborhood.

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3 hours ago, z42 said:

Absolutely right. It's gone too far already. Going for such absurdly high damages payments has tarnished Unsworth's rep much more than any tweet would have.

 

Now is the time to walk away with dignity fully intact.

He lost it already. He has gone from a diving child rescurer to a childish little boy just trying to get money out of people. His lawyer is making himself look stupid too. Since its clear that elon had no direct intension to make him look bad. Which is needed for deffimation. 

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1 minute ago, IAMHERE said:
38 minutes ago, kiwikeith said:

The big joke is that more than likely a brown paper bag decided the verdict for the jury. 

That is getting close to libel. Those jurors were all honest and true. 

That's almost funny.

It's ok to call a guy a pedo but it's close to libel to mention brown paper bags...

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4 hours ago, sanemax said:

So, you can say anything about anyone

 

Might be one of those fine lines......

 

Both of them should throw in the towel and not drag through

court again...  Elion reach in his bag throw out $250,000.00

and forget about it.....

 

or take a risk trial trial by judge.....

 

iMO the 145 million was an insane amount to ask for....did

some reading how’s these cases end up.... don’t think any

were close the going price....

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4 minutes ago, DJ54 said:

Elion reach in his bag throw out $250,000.00

and forget about it.....

 

 

Euh.... how exactly did you calculate that number?

And for what? For an insult in response to an insult?

3 minutes ago, timewilltell said:

 especially someone who lives in Thailand given it's reputation for accommodating people of that type

 

If he called Vern an idiot... i would not really think he's indeed an idiot, and that is what the jury agreed on.

 

Now, your statement above is general and nears defamation to both thailand and the people being there..

 

 

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3 hours ago, pookiki said:

I think Mr. Mark Stephen's, Esq. better come to grip with defamation laws as they exist in the USA. One of the key issues was that Unsworth had not shown any tangible damages - on the contrary - no one paid any attention to Musk's comments and Unsworth's reputation remained unsullied.  Let it be!

And let that scumbeg Musk do what he wants .... Nah ... Go get him and hit him where it hursts ... It’s another OJ Simpson travesty

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