By Laura Parker, USA TODAY A Florida woman has been awarded $11.3 million in a defamation lawsuit against a Louisiana woman who posted messages on the Internet accusing her of being a "crook," a "con artist" and a "fraud." Legal analysts say the Sept. 19 award by a jury in Broward County, Fla. — first reported Friday by the Daily Business Review — represents the largest such judgment over postings on an Internet blog or message board. Lyrissa Lidsky, a University of Florida law professor who specializes in free-speech issues, calls the award "astonishing." BEWARE OF BLOGS: Courts are asked to crack down on bloggers, websites Lidsky says the case could represent a coming trend in court fights over online messages because the woman who won the damage award, Sue Scheff of Weston, Fla., pursued the case even though she knew the defendant, Carey Bock of Mandeville, La., has no hope of paying such an award. Bock, who had to leave her home for several months because of Hurricane Katrina, couldn't afford an attorney and didn't show up for the trial. "What's interesting about this case is that (Scheff) was so vested in being vindicated, she was willing to pay court costs," Lidsky says. "They knew before trial that the defendant couldn't pay, so what's the point in going to the jury?" Scheff says she wanted to make a point to those who unfairly criticize others on the Internet. "I'm sure (Bock) doesn't have $1 million, let alone $11 million, but the message is strong and clear," Scheff says. "People are using the Internet to destroy people they don't like, and you can't do that." The dispute between the two women arose after Bock asked Scheff for help in withdrawing Bock's twin sons from a boarding school in Costa Rica. Bock had disagreed with her ex-husband over how to deal with the boys' behavior problems. Against Bock's wishes, he had sent the boys to the boarding school. Scheff, who operates a referral service called Parents Universal Resource Experts, says she referred Bock to a consultant who helped Bock retrieve her sons. Afterward, Bock became critical of Scheff and posted negative messages about her on the Internet site Fornits.com, where parents with children in boarding schools for troubled teens confer with one another. In 2003, Scheff sued Bock for defamation. Bock hired a lawyer, but he left the case when she no longer could afford to pay him. When Katrina hit in August 2005, Bock's house was flooded and she moved temporarily to Texas before returning to Louisiana last June. Court papers that Scheff and her attorney David H. Pollack mailed to Bock were returned to Pollack's office in Miami. After Bock didn't offer a defense, a Broward Circuit Court judge found in favor of Scheff. A jury then heard Scheff's arguments about damages. Pollack did not seek a specific amount for the harm he says Scheff's business suffered. "Even with no opposing counsel and no defendant there, $11 million is a huge amount," says Pollack, adding that Scheff is considering whether to try to collect any money from Bock. "The jury determined this was a significant enough issue. It's not just somebody's feelings are hurt; it's somebody's reputation is ruined." Bock says that when she moved back to her repaired house over the summer, she knew the trial was approaching but did not know the date. She says she doesn't have the money to pay the judgment or hire a lawyer to appeal it. She adds that if the goal of Scheff's lawsuit was to stifle what Bock says online, it worked. "I don't feel like I can express my opinions," Bock says. "Only one side of the story was told in court. Nobody heard my side." | |||||||||||||
Tuesday, December 13, 2011
Jury awards $11.3M over defamatory Internet posts
Wednesday, December 7, 2011
49ers' Braylon Edwards sues restaurant for slander
49ers' Braylon Edwards sues restaurant for slander
- San Francisco 49ers wide receiver Braylon Edwards (17) runs away from Seattle Seahawks defensive back Marcus Trufant (23) in the fourth quarter of an NFL football game in San Francisco, Sunday, Sept. 11, 2011.Credit: Marcio Jose Sanchez
Niners wide receiver Braylon Edwards has filed a $14 million slander lawsuit, claiming he lost his shot at a big-money contract due to false claims that he was directly involved in a bar fight on the early morning of Aug. 1, the Associated Press reported Wednesday.
Edwards' suit accuses a restaurant and bar in Birmingham, Mich., and three of its employees of slander, extortion and malicious prosecution. In the aftermath of the fight, the restaurant issued a statement in which it implicated Edwards, stating he was "present and involved."
The suit claims Edwards had a contract offer from an NFL team for $15 million guaranteed that was taken off the table after he was connected to the fight.
Three days after the incident, Edwards, who has not been charged, signed a one-year, $3.5 million contract with the 49ers with $1 million guaranteed.
Last week, Edwards was fined $50,000 by the NFL for his DUI charge from last year. In January 2010, he pleaded no contest to aggravated disorderly conduct after allegedly punching a friend of NBA star LeBron James.
Crabtree, Goldson limited: Wide receiver Michael Crabtree (foot) and safety Dashon Goldson(knee) were in uniform, but were largely bystanders during the portion of practice open to the media Wednesday.
Crabtree, who jogged through one route, spent most of his time speaking with trainer Jeff Ferguson as the pair watched the quarterbacks throw to wide receivers. Goldson, who did not play in the final preseason game or the season opener against Seattle, watched secondary drills.
Both players were listed as "limited" on the team's injury report.
Briefly: The Niners signed rookie safety Colin Jones to the practice squad. Jones, a sixth-round pick who made a key block on Ted Ginn's 102-yard kickoff return in the season opener, was waived Tuesday to make room for tight end Justin Peelle on the 53-man roster.