Dawn Taking It To Court...Literally
- Thread starter onebigdude
- Start date
I think everyone should keep vehemently reiterating their viewpoint until we reach resolution
Exactly my point...you're the one making the assumption that nothing was done by Tanner, and that's why there is a lawsuit.
Last time I checked, this is a discussion forum. No one is forcing you to read the thread.
Maybe that's not her purpose. I am sure she has had plenty of legal advice before filing.
It's been a long time, but I seem to recall that, at least a common law, some statements were considered to be slander per se and that damages were presumed without the necessity of proving "special damages." What he said about Dawn might well be slander per se. But Dawn's status as a public figure might well change this. I haven't kept up with the various permutations of the NYT v. Sullivan jurisprudence. It's not my practice area.
I have seen no evidence that lawcalcock is a lawyer.
What I don't quite get is why many in here are so adamant that she has no case, and will most surely lose. Would that make some of you happy? Do you think she deserved the disparaging remarks from the Mizzou AD?
I liken this somewhat to pulling for your team/university. I'm backing CDS! I hope she wins!
I liken this somewhat to pulling for your team/university. I'm backing CDS! I hope she wins!
Not according to the following. (I underlined what I thought were particularly applicable sections.)
From https://www.nolo.com/legal-encyclopedia/damages-defamation-case.html:
Non-Economic Damages in Defamation Cases
The plaintiff in some defamation cases is also entitled to recover damages for what is generally called pain and suffering, which can be a significant component of damages in a personal injury case.
Pain and suffering in defamation cases includes not just mental pain and suffering, but also things like mental anguish, emotional distress, loss of enjoyment of life, and anxiety. Significant mental pain and suffering can also cause severe anger, appetite loss, lack of energy, sexual dysfunction, mood swings, and/or sleep disturbances.
These non-economic damages in defamation cases also include such injuries as impairment to the victim’s reputation and standing in the community, personal humiliation, shame, and disgrace.
Non-Economic Damages? Not in Every State
It's important to note that defamation plaintiffs are not always entitled to recover non-economic damages. For example, in some states, victims of slander (verbal defamation) are only entitled to recover non-economic damages if they in fact suffered economic damages, or if the defamatory speech:
- charged the victim with having committed a crime
- accused the victim of suffering from a communicable or loathsome disease, or
- prejudiced the victim in his/her profession or business.
By what I read, there was no evidence of any one spitting on a player. Had it actually taken place, how many USC fans would have spit on a Missouri player? One, at maximum. Just not a cool thing to do, spit on a girl.
How many USC fans would call any Missouri fans the N word, knowing that all our starting non-injured players are black? If anyone did, it was a classless act and surely would have been noticed or reported by some fan.
Is this whole thing just someone's invention?
unless it is defamation "per se" pecuniary loss must be shown in order to win. You can get other types of damages if you win, but you must show pecuniary loss to win.
Defamation "per se" does not require a showing of pecuniary loss but you have to show that the defendant's alleged defamatory statements charge the plaintiff with one of five types of acts or characteristics: (1) commission of a crime of moral turpitude; (2) contraction of a loathsome disease; (3) adultery; (4) unchastity; or (5) unfitness in one's business or profession.”
Number 6 is the closest, but he never said she is unfit
Not about money. More about standing up for whats right.
Rod, Chick Fil A is our title sponsor .
Wrong.... People lose slander suits with awards as small as one dollar... Slander is obvious in this case.. Stern can't prove one word of his obviously false allegation... Why are you silly enough to propose Dawn has not consulted some of the her best attorney's...
Maybe Dawn will give Martin $25K for his fine when she wins .
Please show how she meets all of the elements of a defamation case. ALL of them.
USCBatgirl21
Well-Known Member
It's available on the Richland County Clerk of Court website.
Well, it has already made it to ESPN
http://www.espn.com/womens-college-...souri-tigers-ad-jim-sterk-claiming-defamation
http://www.espn.com/womens-college-...souri-tigers-ad-jim-sterk-claiming-defamation
USCBatgirl21
Well-Known Member
If you read the Complaint, it appears she is seeking a public apology/retraction more than anything. She's simply listed monetary damages at the limit allowed in Common Pleas.
SGA please cut the crap... Meet with Dawn's attorney's... Debate them if you like... I am certain she can afford the best in the field..
Oh boy, let them run with it. It's one thing for us to have her back, but.....Let Stephen A yak about it for a while !!!!
USCBatgirl21
Well-Known Member
Oh ESPN has her back. No doubt.
Filed in Richland County. 2018-CP-40-01052. Not sure if the link will work.
http://www6.rcgov.us/SCJDWEB/Public...948984950484710048105798078113724390555757111
http://www6.rcgov.us/SCJDWEB/Public...948984950484710048105798078113724390555757111
Hey Mizery.................. good luck with that, Resume =
Staley's team won the national championship in 2017, and she is a member of the Basketball Hall of Fame and coach of the U.S. women's national team.
don't tug on superman's cape
Messing with the wrong lady.
A
anon_n4c0cp5zhdxn7
Guest
Not so sure about that. Celebrities sue tabloids all the time.
I am not going to cut the crap and follow the herd.
Just because she has good lawyers (if she does) that doesn't mean her case will win. Losing lawsuits are filed all the time. Mizzou is gonna put good lawyers on the case.
I haven't found the complaint on line yet but I will certainly report back with my opinion when I do.
Defamation is very, very hard to win on in the US
She is a well respected head coach at a university that has a nationally respected law school. Do you really think she was given the wrong information with all the access she has to the states best professors and attorneys.
Thanks.
She is claiming "per se" defamation. That mean she must prove that tSterks alleged defamatory statements accuse her with one of five types of acts or characteristics: (1) commission of a crime of moral turpitude; (2) contraction of a loathsome disease; (3) adultery; (4) unchastity; or (5) unfitness in one's business or profession.”
Obviously she can only hang her hat on #5. And yet he never said that she was unfit as a basketball coach.
USCBatgirl21
Well-Known Member
He may not have used the exact words, but it could certainly be inferred from his comments.
So what? She wanted it filed whether she can win or not. Plenty of cases like that are filed every day on "principle" by smart people. Those lawyers told her she has a tough case (not impossible)
