I hope the gentlemen who seeks damages for the defamation does not settle privately. It's time successful people who feel they are above the law be held accountable in a public manner. Perhaps...
I hope the gentlemen who seeks damages for the defamation does not settle privately. It's time successful people who feel they are above the law be held accountable in a public manner. Perhaps there should be an exception to allowing secret settlements when the wrong-doer is a person of interest?
Problem is that when they get into a room the lawyer representing a vastly greater wealth will just say something to the effect, "We know you can only afford to fight this for X period of time and...
Problem is that when they get into a room the lawyer representing a vastly greater wealth will just say something to the effect, "We know you can only afford to fight this for X period of time and we'll drag this out until such any damages are awarded may barely cover your legal fees meanwhile you'll have maxed your credit, sold everything, your car, heirlooms and house to cover those costs. Or you can accept this dollar amount and, maybe, a private apology in exchange for an NDA."
Yep. A married couple I know had to sue a large retail corporation for damages and medical costs after a permanent injury the wife incurred due to the corporation's negligence. The corporation's...
Yep. A married couple I know had to sue a large retail corporation for damages and medical costs after a permanent injury the wife incurred due to the corporation's negligence. The corporation's response was basically a lack of response. At every step of the way, they dragged things out. Meanwhile the couple's medical costs were going through the roof (you can't claim medical costs on Australia's healthcare system if they're subject to a legal case). The husband told me at one point that the corporation's strategy was basically to drive them bankrupt so they'd stop the legal case.
It worked out for the couple in the end, but it was touch and go for a while.
EDIT: Added "for the couple", to clarify who things worked out for!
Why is this even permitted at all in the legal system? I understand the need to take a steady, measured pace and build cases thoroughly. That should never be measured in 'years' in any...
we'll drag this out until
Why is this even permitted at all in the legal system? I understand the need to take a steady, measured pace and build cases thoroughly. That should never be measured in 'years' in any circumstance. Any extra costs from such activity should be born by the losing party in the lawsuit, right? Isn't that how it's handled in Europe, with good results?
California has a system where you can make an offer of settlement and if the opposing party rejects it and goes to trial and does not obtain a superior judgement, then the opposing party has to...
California has a system where you can make an offer of settlement and if the opposing party rejects it and goes to trial and does not obtain a superior judgement, then the opposing party has to pay for the legal fees from the offer of settlement going forward. Here's an article by a law firm explaining it: http://www.smwb.com/ccp-998-offer-a-settlement-offer-with-strings-attached I don't know how punitive damages work into C.C.P. Section 998.
I would think since Musk lives in California, California might be a superior forum if C.C.P. Section 998 could apply to a defamation case. The trick, of course, is to get a trier of fact to buy that Musk was intentional or had such a reckless disregard that it could be deemed intentional. Often people accustomed to getting their way cross this line and become viable targets for some justice.
It seems like every week brings more and more bizarre comments from Musk -- the amount of commitment and energy that he has put towards shooting himself in the foot recently is just inspiring.
It seems like every week brings more and more bizarre comments from Musk -- the amount of commitment and energy that he has put towards shooting himself in the foot recently is just inspiring.
He just needs to learn to let things go. Like this article said:
He just needs to learn to let things go. Like this article said:
And that doesn’t even account for the managerial distraction. Musk told the Times that “he had been working up to 120 hours a week recently” and “had not taken more than a week off since 2001,” but he sure … seems … to have … a lot … of time … to tweet? Even in the last week, he has been tweeting jokes about short sellers, Tesla has been responding to SEC inquiries about his tweets, and Musk has been giving emotional hour-long interviews to the Times about his tweets. He could reclaim like 40 hours a week for work and sleep if he stopped tweeting. But of course he can’t. The short sellers won’t let him. They keep tweeting mean things, or at least being short. Someone is wrong on the internet, and Musk has no choice but to fight them. “If you have anyone who can do a better job” of running Tesla, Musk told the Times, “please let me know. They can have the job. Is there someone who can do the job better? They can have the reins right now.” He’ll give up management of his car company. But he won’t give up his Twitter account.
I hope the gentlemen who seeks damages for the defamation does not settle privately. It's time successful people who feel they are above the law be held accountable in a public manner. Perhaps there should be an exception to allowing secret settlements when the wrong-doer is a person of interest?
Problem is that when they get into a room the lawyer representing a vastly greater wealth will just say something to the effect, "We know you can only afford to fight this for X period of time and we'll drag this out until such any damages are awarded may barely cover your legal fees meanwhile you'll have maxed your credit, sold everything, your car, heirlooms and house to cover those costs. Or you can accept this dollar amount and, maybe, a private apology in exchange for an NDA."
Yep. A married couple I know had to sue a large retail corporation for damages and medical costs after a permanent injury the wife incurred due to the corporation's negligence. The corporation's response was basically a lack of response. At every step of the way, they dragged things out. Meanwhile the couple's medical costs were going through the roof (you can't claim medical costs on Australia's healthcare system if they're subject to a legal case). The husband told me at one point that the corporation's strategy was basically to drive them bankrupt so they'd stop the legal case.
It worked out for the couple in the end, but it was touch and go for a while.
EDIT: Added "for the couple", to clarify who things worked out for!
Why is this even permitted at all in the legal system? I understand the need to take a steady, measured pace and build cases thoroughly. That should never be measured in 'years' in any circumstance. Any extra costs from such activity should be born by the losing party in the lawsuit, right? Isn't that how it's handled in Europe, with good results?
California has a system where you can make an offer of settlement and if the opposing party rejects it and goes to trial and does not obtain a superior judgement, then the opposing party has to pay for the legal fees from the offer of settlement going forward. Here's an article by a law firm explaining it: http://www.smwb.com/ccp-998-offer-a-settlement-offer-with-strings-attached I don't know how punitive damages work into C.C.P. Section 998.
I would think since Musk lives in California, California might be a superior forum if C.C.P. Section 998 could apply to a defamation case. The trick, of course, is to get a trier of fact to buy that Musk was intentional or had such a reckless disregard that it could be deemed intentional. Often people accustomed to getting their way cross this line and become viable targets for some justice.
It seems like every week brings more and more bizarre comments from Musk -- the amount of commitment and energy that he has put towards shooting himself in the foot recently is just inspiring.
Maybe he's gearing up for a presidential bid?
He just needs to learn to let things go. Like this article said:
Oof, Musk needs to learn when to let his lawyer speak for him.