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re: This stupid Ole Miss / Rebel rags lawsuit

Posted on 6/14/17 at 12:02 pm to
Posted by bamasgot13
Birmingham
Member since Feb 2010
13619 posts
Posted on 6/14/17 at 12:02 pm to
quote:

Nothing frivolous about the lawsuit. One of two things will happen:
1. Lewis and Kobe will publicly recant their statements and issue a public apology
2. Lewis and Kobe will be f*cked when they are sitting in front of a Lafayette County jury and explain conflicting statements that are easily proven to be false.


Neither of those things are happening. You forget this is a civil law suit, or you don't know the differences in civil vs criminal cases.

Also, your assumption that the changes in minor details will be seen as pertinent to the core of the case. You additionally assume the minor detail changes make the major allegations false.

Defamation in this case requires proof that the comments were A) false, and B) were the cause of financial harm. Given that the NCAA has long been investigating Ole Miss, your season sucked, your recruiting class sucked, and your immediate future looks bleak, there are any number of factors that could contribute to potential revenue loss. Good luck proving that RR's revenue loss is tied to the private testimony of 3 indiviuals.

Commercial Disparagement would require proof that the testimony of Lewis and Kobe (and Tunsil's step dad) was made for purposes of harming the specific business. Good luck with that one.

Civil Conspiracy is going to require the plaintiff to show evidence that these individuals conspired NOT to bring down Ole Miss, but to cause financial harm to RR. Again, good luck with that one.
Posted by yatesdog38
in your head rent free
Member since Sep 2013
12737 posts
Posted on 6/14/17 at 12:29 pm to
if i had my choice of law schools in the south... bama would be my 1st choice to go to. props for the simplified analysis
Posted by Pickle_Weasel
Member since Mar 2016
3819 posts
Posted on 6/14/17 at 12:57 pm to
Actually, you are wrong.

Defamation simply includes statements that reflect negatively on a person's integrity, morality, or character. Because the statements can absolutely be proven to be false (due to Lewis taking his lies to the extreme of stating details - individual names, security tags - as well as the businesses ability to provide financial information from their system to disprove the statements). This absolutely falls within defamation.

Commercial Disparagement - I agree that this is something that would be very hard to be proven. However, it could be argued that the intentional actions of defamation leading to the result of loss of revenue could fall within this law. Long shot and doubt it would happen.

Civil Conspiracy - You kind of went off point on this one. If they conspired to knowing make false statements and allegations in any attempt that would harm the reputation and character of the business, then it does not matter if their bigger agenda was another entity. Having said that, I'm curious to see how this would actually be argued.

Having said that, the defamation charge will absolutely stick.
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