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Old 12-15-2012, 01:15 AM   #1
Dirty F
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Lawyers and law experts of gfy - all 2 of you, i have a question

That kid who's name, pic, facebook and twitter account went worldwide for being the shooter, which he was not, can he sue?
If so, who and for how much?

I'm interested in this. This must be the biggest case of mistaken identy on the net i can think of. And then a real fucked up case like this.
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Old 12-15-2012, 01:22 AM   #2
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JohnnyClips
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Old 12-15-2012, 01:25 AM   #3
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What do you think? Should he sue? You can sue anybody and everybody, it's a pretty hard card to spin considering the events. But, yeah... he can sue for 1 billion dollars if he wants.
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Old 12-15-2012, 01:27 AM   #4
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What do you think? Should he sue? You can sue anybody and everybody, it's a pretty hard card to spin considering the events. But, yeah... he can sue for 1 billion dollars if he wants.
I think he should sue hard.
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Old 12-15-2012, 05:57 AM   #5
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Buuuumpppp
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Old 12-15-2012, 06:12 AM   #6
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My guess is he'd have to prove some sort of financial loss or long-term physiological damage has occurred. That is extremely hard to do. I remember once reading that an EMT called a number and told the caller that his wife was just in a serious car accident. The husband freaked-out and died of a heart attack on the spot just to later find out the EMT called the wrong number.

Anyway, the family sued several times and all, thrown out.
Isn't this different because his info/picture/name got used worldwide?
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Old 12-15-2012, 06:18 AM   #7
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Isn't this different because his info/picture/name got used worldwide?
he's going to get a reality show: yo! it wasn't me!
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Old 12-15-2012, 06:20 AM   #8
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Lawyers will contact him and make biggest possible sue!
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Old 12-15-2012, 06:25 AM   #9
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Lawyers will contact him and make biggest possible sue!
Yup, they are probably contacting him like crazy.
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Old 12-15-2012, 06:25 AM   #10
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Wow.. At first glance I thought... can he sue because the public mistook him for someone? Of course not.

But can he sue the media for mistaking him for someone else? That is a can of the worms, there. I don't know about the special rights of media or what responsibilities they have, but they usually cover their ass fairly well.

They don't report much as fact. So they'll say "it's being reported that.." or "facts indicate that.." or "person X is believed to be..." etc.
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Old 12-15-2012, 06:39 AM   #11
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Originally Posted by Dirty F View Post
That kid who's name, pic, facebook and twitter account went worldwide for being the shooter, which he was not, can he sue?
If so, who and for how much?

I'm interested in this. This must be the biggest case of mistaken identy on the net i can think of. And then a real fucked up case like this.
Yes, i can't remember the name from some Aussie guy who was shot by mistake and than news world wide said that he was in mafia, than he sued google and yahoo and bing cause when you type his name all results were pointing to the mafia articles and the biggest thing is that he won against all of them.
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Old 12-15-2012, 06:40 AM   #12
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Yes, i can't remember the name from some Aussie guy who was shot by mistake and than news world wide said that he was in mafia, than he sued google and yahoo and bing cause when you type his name all results were pointing to the mafia articles and the biggest thing is that he won against all of them.
Damn, really. Lots of monies?
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Old 12-15-2012, 07:39 AM   #13
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Damn, really. Lots of monies?
http://www.heraldsun.com.au/technolo...-1226507563956
think this is it.
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Old 12-15-2012, 07:55 AM   #14
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news media defamation suit

https://www.google.com/search?client...utf-8&oe=utf-8

Good luck with that ...

Quote:
New York Times Co. v. Sullivan, 376 U.S. 254 (1964)

[(c)] Factual error, content defamatory of official reputation, or both, are insufficient to warrant an award of damages for false statements unless "actual malice" -- knowledge that statements are false or in reckless disregard of the truth -- is alleged and proved. Pp. 279-283.
For discussion purposes only -- not legal advice
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Old 12-15-2012, 08:03 AM   #15
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Not to say the media wouldn't pay him something to go away, but I think he'd have a tough time winning in court.

Can't prove intent to harm him on the part of the media, mistakes do happen.

Without any provable malice towards him by the media I think it's a losing case.

Last edited by TisMe; 12-15-2012 at 08:04 AM..
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Old 12-15-2012, 08:23 AM   #16
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The question I haven't heard answered yet is - how did the shooter get his brother's ID?
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Old 12-15-2012, 08:48 AM   #17
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Sure, he can sue; my question is who do YOU think he should sue? His dead brother perhaps?
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Old 12-15-2012, 08:49 AM   #18
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Wow.. At first glance I thought... can he sue because the public mistook him for someone? Of course not.

But can he sue the media for mistaking him for someone else? That is a can of the worms, there. I don't know about the special rights of media or what responsibilities they have, but they usually cover their ass fairly well.

They don't report much as fact. So they'll say "it's being reported that.." or "facts indicate that.." or "person X is believed to be..." etc.
He can sue the media? Which one?
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Old 12-15-2012, 12:54 PM   #19
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JohnnyClips
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I think I'm going to do same thing right now...

And.... done
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Old 12-15-2012, 04:32 PM   #20
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He can sue the media? Which one?
Well individual media outlets should be responsible for what they're reporting.. at least to some degree. I realize that it'd be one hell of a slippery slope- to allow the government have that kind of control (openly anyway) ... and that special protections are there for them .. but I am pretty sure that even they could be held accountable for knowingly reporting something that is not true (good luck proving that, of course)
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Old 12-15-2012, 04:51 PM   #21
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emotional distress and the resulting long term symptoms
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Old 12-15-2012, 04:53 PM   #22
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The legal scholars here . . . what would be your reliance? You already saw the defense. https://gfy.com/showpost.php?p=19371601&postcount=16
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Old 12-15-2012, 04:57 PM   #23
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It depends on the effect of the person who has been mistakenly accused. If it is viral then he has the right to demand how much it is! It really depends if he has been traumatized from what happened then it could be a large sum of money!
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Old 12-15-2012, 05:21 PM   #24
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It depends on the effect of the person who has been mistakenly accused. If it is viral then he has the right to demand how much it is! It really depends if he has been traumatized from what happened then it could be a large sum of money!
https://gfy.com/showpost.php?p=19372318&postcount=27
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Old 12-15-2012, 05:59 PM   #25
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Being falsely accused in coast-to-coast headlines is about the most lucrative day of anybody's life. It's like winning the lottery.

Pity that the price of this particular lottery ticket was children getting shot ...
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Old 12-15-2012, 06:25 PM   #26
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The media said "It has been reported the shooters name was CYZ" They are just reporting what they heard.
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Old 12-15-2012, 06:40 PM   #27
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The media said "It has been reported the shooters name was CYZ" They are just reporting what they heard.
I'm h o p i n g that you're being sarcastic.

Otherwise, the media can report any rumor whatsoever -- propaganda, gossip, or outright lies -- as long as they hear it from somebody. Fact checking would then be left to whom?
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Old 12-15-2012, 08:39 PM   #28
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Sue.. it seems to be the American way.. Pathetic actually.
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