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-   -   Lawyers and law experts of gfy - all 2 of you, i have a question (https://gfy.com/showthread.php?t=1092962)

Dirty F 12-15-2012 01:15 AM
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.

Dirty F 12-15-2012 01:22 AM
JohnnyClips
This message is hidden because JohnnyClips is on your ignore list.

bean-aid 12-15-2012 01:25 AM
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.

Dirty F 12-15-2012 01:27 AM
Quote:
Originally Posted by beaner (Post 19371282)
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.

Dirty F 12-15-2012 05:57 AM
Buuuumpppp

Dirty F 12-15-2012 06:12 AM
Quote:
Originally Posted by Jesus H Christ (Post 19371476)
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?

Grapesoda 12-15-2012 06:18 AM
Quote:
Originally Posted by Dirty F (Post 19371483)
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!

seeandsee 12-15-2012 06:20 AM
Lawyers will contact him and make biggest possible sue!

Dirty F 12-15-2012 06:25 AM
Quote:
Originally Posted by seeandsee (Post 19371491)
Lawyers will contact him and make biggest possible sue!
Yup, they are probably contacting him like crazy.

MrMaxwell 12-15-2012 06:25 AM
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.

CaptainWolfy 12-15-2012 06:39 AM
Quote:
Originally Posted by Dirty F (Post 19371274)
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.

Dirty F 12-15-2012 06:40 AM
Quote:
Originally Posted by CaptainWolfy (Post 19371524)
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?

CaptainWolfy 12-15-2012 07:39 AM
Quote:
Originally Posted by Dirty F (Post 19371528)
Damn, really. Lots of monies?
http://www.heraldsun.com.au/technolo...-1226507563956
think this is it.

Barry-xlovecam 12-15-2012 07:55 AM
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

TisMe 12-15-2012 08:03 AM
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.

SilentKnight 12-15-2012 08:23 AM
The question I haven't heard answered yet is - how did the shooter get his brother's ID?

baddog 12-15-2012 08:48 AM
Sure, he can sue; my question is who do YOU think he should sue? His dead brother perhaps?

baddog 12-15-2012 08:49 AM
Quote:
Originally Posted by MrMaxwell (Post 19371502)
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?

iwantchixx 12-15-2012 12:54 PM
Quote:
Originally Posted by Dirty F (Post 19371280)
JohnnyClips
This message is hidden because JohnnyClips is on your ignore list.
I think I'm going to do same thing right now...

And.... done :)

MrMaxwell 12-15-2012 04:32 PM
Quote:
Originally Posted by baddog (Post 19371659)
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)

crazydollars 12-15-2012 04:51 PM
emotional distress and the resulting long term symptoms

baddog 12-15-2012 04:53 PM
The legal scholars here . . . what would be your reliance? You already saw the defense. https://gfy.com/showpost.php?p=19371601&postcount=16

ls101 12-15-2012 04:57 PM
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!

baddog 12-15-2012 05:21 PM
Quote:
Originally Posted by ls101 (Post 19372299)
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

AdultAudiences 12-15-2012 05:59 PM
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 ...

DBS.US 12-15-2012 06:25 PM
The media said "It has been reported the shooters name was CYZ" They are just reporting what they heard.

AdultAudiences 12-15-2012 06:40 PM
Quote:
Originally Posted by DBS.US (Post 19372412)
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?

BigChad 12-15-2012 08:39 PM
Sue.. it seems to be the American way.. Pathetic actually.


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