spyken,
Without revealing one of my many "aces in the hole" one would have to venture that your very own words can be used against you. So I will reveal just one ace....
9. Prior to the incidents and libelous statements set forth in this complaint, all of the Plaintiffs had excellent reputations and enjoyed the respect of other owners of businesses in the knife community, and further enjoyed excellent reputations and the respect of customers in the knife industry, as well as, the Plaintiffs associates in the community at large.
Basically to refute the law suit I will not even need prove I told the truth when I claimed they sell knock offs, although that will not only be easy it has already been proven here. They will have to prove I told a lie. Remember I am innocent until proven guilty. They will need to proove point #9. I will call them on this. No other comment is even necessary at this point, on this point
I was told by Mr. Bryan that my words will be used against me. And he feels he can prove libel and slander. Well to do that he will have to prove that I was lying.
18. As of February 24, 2003, the false and libelous defamatory statements made by Defendant Michael Turber on the internet message board had been viewed more than 4,600 times.
19. Michael Turber made these false and libelous defamatory statements individually and on behalf of WOW Inc. and on behalf of BOSS KNIVES.
20. The above statements were false and defamatory. The Defendants in making these false statements acted in a negligent manner and without due care as to whether such statements were true or false. The false and defamatory statements, after being published by the Defendants, were circulated far and wide to Plaintiffs business associates, customers, acquaintances, perspective customers and others.
21. The Defendants published the defamatory matter on the internet with actual malice and with wrongful and willful intent to injure the Plaintiffs both personally and in the conduct of their business and as a direct and proximate result of the false statements, Plaintiffs have lost business and has been seriously injured in name, fame, reputation and business.
22. Plaintiffs reserve the right to amend and assert a claim for positive damages against all of the Defendants upon a factual showing that the statements alleged above were in fact made.
WHEREFORE, Plaintiffs demand judgment against the Defendants for damages, together with cost of suit and such further relief as the court deems proper.
Plaintiffs demand trial by jury.
To prove the above, the plantiff will have to prove that the statements I made were in fact, false libelous and as claimed.
Let's be clear here.
WHAT IS "DEFAMATION"?
Defamation, sometimes called "defamation of character", is spoken or written words that falsely and negatively reflect on a living person's reputation.
Alex Shelton and Joy Enterprises sells knives, commonly known to all of us as "knock offs". This is FACT, not fiction, not bull **** or Mike Turber making **** up. If according to #21 in the law suit she lost business because of my statements on the knive in question GOOD! That was 100% my intent. If she is making money selling knives of either my design or that of those who design for BOSS. Then guess what.......
If I stoped her from selling ONE ****ING KNOCK OFF OF ANYONE WHO IS A CUSTOM KNIFE MAKER HERE, THEN I AM EXTREMELY HAPPY!
My personal friends,
Tom Mayo
Darrel Ralph
Kit Karson
David Bloch
Howard Veile
Kelly Wordon
Ernest Emerson
Fred Carter
And I am sure I have missed someone, not to mention the manufacturers who have designs that she sells which have no name of a person to associate.
CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME?
In order to prove defamation, you have to be able to prove that what was said or written about you was false. (Good luck Alex) If the information is true, or if you consented to publication of the material, you will not have a case. However, you may bring an defamatory action if the comments are so reprehensible and false that they effect your reputation in the community or cast aspersions on you.
DON'T I HAVE A RIGHT TO EXPRESS MY OPINION?
Yes, so long as your statement of opinion is just an opinion, not containing specific facts that can be proved untrue.
WHAT ARE THE DEFENSES TO A LIBEL CLAIM?
There are three main defenses to a libel claim (other than asserting that it never happened or that you were never involved):
The first is claiming, and proving, that the statement was privileged (and thus not public). Only certain professions (doctors, lawyers, psychologists), or individuals (chiefly your spouse) can maintain that privilege; and if any non-privileged third party was part of the communication, the privilege is broken. (Employees of a professional are only partially covered, to the extent that you needed to use them to contact the professional. Don't expect to tell your deepest, darkest secret to your attorney's secretary, and maintain that privilege.)
The second defense is claiming, and proving, that the statement is true, for "truth is an absolute defense".
The third defense is claiming, and proving, that the statement was an opinion, not an assertion of a fact. Since this last defense is only as good as the weakest or worst, but still reasonable, misinterpretation, it's not one you really want to rely on. There's a world of difference between saying "I think he's a crook," and "he's a crook". Especially if a third party might inadvertently leave out the first two words when passing your message on.
ARE THERE DEFENSES TO DEFAMATION?
Establishing the truth is the single most effective defense that can be offered. If the remark is truthful and it "hurts", is embarrassing, or subjects you to ridicule, there is little you can do. Unfortunately, unless the remark is false, you have no recourse.
I HAVE BEEN FALSELY ACCUSED OF HARASSMENT. WHAT SHOULD I DO?
Be very cautious and be aware that it will come down to a question of proof and who is going to be believed. These matters can get very messy, and very expensive, as both Paula Jones and President Clinton have learned.
False accusations of sexual harassment can give rise to claims of defamation. However, unless the defendant is very wealthy (so he or she could be expected to pay any damages you may ultimately be awarded) and you are clearly in the right and the other party clearly wrong and the facts are easy to prove defamation actions are expensive to bring and exceptionally difficult to win.
CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME?
In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to publication of the material, you will not have a case. However, you may bring an defamatory action if the comments are so reprehensible and false that they effect your reputation in the community or cast aspersions on you.
Mr. Bryan you simply have no case. Drop it now and follow my directives. You, as well as all of the mebers here on this forum I created, know for a fact that your client sells knock off and that I can easily proive this in court. yo ucan not prove that I in any way sexually harassed your client as this simply NEVER occured. Save your client some money and more embarassment.
I win, you lose. Simple as that
April 10th is next Thrusday. Do a search on this forum. I do not play games. I have never lost a law suit in this industry and the Tachyon is evident of just one such episode. Although I may be colorful and my tactics crude, I am right and your law suit is without merit. Take this to court and I assure you I will endeavor to bring about fair play. However, being a fair person, I also assure you that you can make this go away by having your client do the right thing. She can sell the knives in question, but she will pay royatlies, one way or another
Have a KNIFE day
As usual, no spell check used. Rip me guys
Mr. Bryan. the time is ticking, take it to the wire if you want, but you and your client can either end this, or suffer the consequences
