They can put your name on there too dude.</strong><hr></blockquote>
First: Are they going to sue his screen name?
Second: When you file a lawsuit against someone, you do just that...you file a lawsuit and the person gets served papers by a sherrif or an office from the firm. You do not post internet screen names on a website saying we are suing you.
<strong>"As far as I know, if I give business "A" money for a product, and business "A" does not deliver, that is fraud. Which, last time I checked, was a crime.</strong><hr></blockquote>
IANALY, but if you give business "A" money for a product, and business "A" does not deliver, then business "A" is in breach of contract. They have defrauded you only if they intentionally set out to deceive you (i.e. they never had any intention of delivering), not if they just suck and had no idea when your product would come in to ship to you.
Your remedy in this case would be to sue business "A" for your money back. Breach of contract is not a crime.
If you go around yammering that business "A" intentionally defrauds people (rather than merely being a crappy business which accepts orders without having a very good idea of when it can ship), then you may have defamed them (by claiming they are criminals). In that case, business "A" may sue you for defamation.
I wonder that a company which seems to be in such financial straits can afford to prosecute such a massive, vague, and financially useless lawsuit, though...
disclaimer: I am not a lawyer. This is not legal advice. Do not rely upon the above for any reason. If you require legal advice, consult an attorney.
Second: When you file a lawsuit against someone, you do just that...you file a lawsuit and the person gets served papers by a sherrif or an office from the firm. You do not post internet screen names on a website saying we are suing you.</strong><hr></blockquote>
While it is true that in order to be a defendant in a lawsuit, you must be served (in a manner in concordance with your state rules of civil procedure), it is possible for the plaintiff here to tack on more defendants later if they like. This of course would not be done by merely posting a name on a website, but it might be useful for potentially scaring people.
You can even file suit against unknown persons (Zeta Corp. v. Twelve Unidentified Users of AppleInsider.com), so long as you can later find out who they are (you would do this by using the information you got in the course of the lawsuit).
disclaimer: the above, etc. etc., won't get you an A in Civil Procedure. All rights rejected.
Second: When you file a lawsuit against someone, you do just that...you file a lawsuit and the person gets served papers by a sherrif or an office from the firm. You do not post internet screen names on a website saying we are suing you.
Zeta Corp. v. Twelve Unidentified Users of AppleInsider.com
<hr></blockquote>
Was this an actual lawsuit? If so I want details.ScottH,it's a good thing you changed your name to scott_h_phd,now they'll never be able to identify you.Oops,I hope I didn't give anything away.
I agree that this 'case' appears to be posturing by a small company wishing to maintain whatever reputation it had prior to its current financial/operational situation. Perhaps the person(s) who are threatening this action believe that this particular messageboard could prejudice its prime customer-base, otherwise this seems like a spurious lawsuit and more a paper tiger meant to frighten off other customers who have experienced poor service from the company.
If the company is experiencing reduced cash flow they mightn't put their financial ship back on course trying to collect against the slander of 14 year olds on the internet.
Comments
<strong>
They can put your name on there too dude.</strong><hr></blockquote>
First: Are they going to sue his screen name?
Second: When you file a lawsuit against someone, you do just that...you file a lawsuit and the person gets served papers by a sherrif or an office from the firm. You do not post internet screen names on a website saying we are suing you.
<strong>"As far as I know, if I give business "A" money for a product, and business "A" does not deliver, that is fraud. Which, last time I checked, was a crime.</strong><hr></blockquote>
IANALY, but if you give business "A" money for a product, and business "A" does not deliver, then business "A" is in breach of contract. They have defrauded you only if they intentionally set out to deceive you (i.e. they never had any intention of delivering), not if they just suck and had no idea when your product would come in to ship to you.
Your remedy in this case would be to sue business "A" for your money back. Breach of contract is not a crime.
If you go around yammering that business "A" intentionally defrauds people (rather than merely being a crappy business which accepts orders without having a very good idea of when it can ship), then you may have defamed them (by claiming they are criminals). In that case, business "A" may sue you for defamation.
I wonder that a company which seems to be in such financial straits can afford to prosecute such a massive, vague, and financially useless lawsuit, though...
disclaimer: I am not a lawyer. This is not legal advice. Do not rely upon the above for any reason. If you require legal advice, consult an attorney.
<strong>
Second: When you file a lawsuit against someone, you do just that...you file a lawsuit and the person gets served papers by a sherrif or an office from the firm. You do not post internet screen names on a website saying we are suing you.</strong><hr></blockquote>
While it is true that in order to be a defendant in a lawsuit, you must be served (in a manner in concordance with your state rules of civil procedure), it is possible for the plaintiff here to tack on more defendants later if they like. This of course would not be done by merely posting a name on a website, but it might be useful for potentially scaring people.
You can even file suit against unknown persons (Zeta Corp. v. Twelve Unidentified Users of AppleInsider.com), so long as you can later find out who they are (you would do this by using the information you got in the course of the lawsuit).
disclaimer: the above, etc. etc., won't get you an A in Civil Procedure. All rights rejected.
<strong>
First: Are they going to sue his screen name?
Second: When you file a lawsuit against someone, you do just that...you file a lawsuit and the person gets served papers by a sherrif or an office from the firm. You do not post internet screen names on a website saying we are suing you.
First: I'm poking fun.
Second: You're too thick to see that.
Zeta Corp. v. Twelve Unidentified Users of AppleInsider.com
<hr></blockquote>
Was this an actual lawsuit? If so I want details.ScottH,it's a good thing you changed your name to scott_h_phd,now they'll never be able to identify you.Oops,I hope I didn't give anything away.
JC Morris-enemies of free speech.
[ 07-14-2002: Message edited by: Matsu ]</p>
If the company is experiencing reduced cash flow they mightn't put their financial ship back on course trying to collect against the slander of 14 year olds on the internet.