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Imus Sued By Rutgers Hoopster

Discussion in 'Sports and News' started by Flying Headbutt, Aug 15, 2007.

  1. 21

    21 Well-Known Member

    ?? I don't understand the question. I think you're asking how she can receive monetary compensation if she doesn't have to quantify her damages?

    She's going to say that Imus damaged her with his statement that she was a 'nappy headed ho.' That damage can be emotional, monetary, whatever she wants to allege. If the court agrees that his statement was defamation per se--damaging on its face--she doesn't have to detail the exact value of those damages. She can sue for whatever the law will allow (and I have no ida what that would be).
     

  2. 21 --
    Give it up.
    Guy's "I just don't understand" microparsing is Technique No. 1A these days.
     
  3. I remember learning in college that there's an exception when talking about groups of more than a few.

    All people from Jersey are in the mob.

    The University of Miami football team is a bunch of criminals.

    The Rutgers basketball team is a bunch of hos.

    If he's not calling her out specifically ...
     
  4. Guy_Incognito

    Guy_Incognito Well-Known Member

    OK, though I really don't. Who does know what the law will allow? Usually it's the amount of damage that you incur, and then you do your best to quantify all kkinds of damage. I'm not sure how this will work, but don't know much about it so I'll take your word for it.
     
  5. 21

    21 Well-Known Member

    Thank you...I have a plane to catch later, I thought I was going to have to change my flight.

    Just wanted to add--a judge could determine there's no 'per se' element to this, ie, the statement was so absurdly ridiculous (my words, not a legal term) that no one would ever assume it to be true.

    My greatest fear is that at the end of this, somehow Imus is going to become the victim.
     
  6. Guy_Incognito

    Guy_Incognito Well-Known Member

    No need to alter your schedule, I can stay confused till you get back.
     
  7. 21

    21 Well-Known Member

    Defamation per se: "He said that? Shithead! You've been damaged, you don't even have to tell us how much, it's so obvious! What are you asking for?'

    Defamation per quod: "He said that? And you say it damaged you? You can't get a job, people look at you funny, your reputation has been harmed? Well, maybe yes, maybe no. Prove it."

    Some states differentiate, some don't.

    Here's a link that basically describes the law, I just pulled it off google, I'm sure there are better explanations:

    http://www.expertlaw.com/library/personal_injury/defamation.html
     
  8. Guy_Incognito

    Guy_Incognito Well-Known Member

    Get on the plane!
     
  9. It's also going to largely depend on the judge and their definition of a public figure. Some judges say college athletes are untouchable, like high school athletes, while others consider them partial public figures.
     
  10. The Big Ragu

    The Big Ragu Moderator Staff Member

    This kind of stuff is rooted in common law, right? I didn't think anybody brought or won lawsuits like this, and I actually thought a lot of these definitions had been modified in the civil code by now. But what do I know? I'm no lawyer, but in thinking it through, the ultimate defense in this kind of 'per se' slander is truth, right? So could we actually end up with this woman suing Imus for calling her a nappy-headed ho and Imus' defense being him trying to prove that she really is a nappy-headed ho? That would be some absurd theater!
     
  11. How can a college athlete not be considered a public figure these days? They are on NATIONAL television on a semi-regular basis. To me, that makes them a public figure.
    This is not the same as Little John at Bumfuck High. This is a woman who played in a national championship game and certainly appeared on TV more than once or twice.
     
  12. zeke12

    zeke12 Guest

    The Rutgers basketball team is a small enough group that I don't think this exception to slander law would apply. I learned it that you can't slander a group of 20 or more.

    i.e. "Catholic priests like to hump little boys" is protected, because there are enough of them that no individual priest could claim damages.

    I have no idea of the viability of the lawsuit, mind you.
     
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