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What damages are they suing for?
You have to show actual harm. Not mental distress and your feelings got hurt. One reason defamation never makes it to trial.
Bank accounts please. You say you want how much in the lawsuit? Well let us see the harm, to your assets has been established.
Psychological damages (available in all defamation cases)
Reputational damages (available in all defamation cases)
Presumed damages (available in cases of defamation per se)
Exemplary damages (available in all defamation cases)
All of these are recoverable in this suit. None of them involve proving that your bottom-line bank account was affected. None of the Plaintiff have alleged a tangible monetary loss so their bank accounts are not relevant.
Mental distress is most certainly recoverable and the degree of the monetary award is dependent on the a amount of distress.
People, please don't post about things if you don't know about them.
That's not true. While the events will be subject to discovery, the parents' personal lives won't be. There are limits to discovery and it isn't an unlimited fishing expedition.
Tell that to Rape victims, when they make an accusation....
As I said, Jones will be permitted to introduce whatever relevant evidence he wants to. The jury is to going to be obliged to watch a week of InfoWars unless Jones can convince the trial judge that it is all relevant to the defamation claim, which is almost certainly not going to happen. The relevant clips will likely be played and both parties will have the opportunity to make sure enough of the clips are played to ensure proper context. I never said Jones would not have the right to show his evidence. That is the opposite of what I said.
Psychological damages (available in all defamation cases)
Reputational damages (available in all defamation cases)
Presumed damages (available in cases of defamation per se)
Exemplary damages (available in all defamation cases)
All of these are recoverable in this suit. None of them involve proving that your bottom-line bank account was affected. None of the Plaintiff have alleged a tangible monetary loss so their bank accounts are not relevant.
Mental distress is most certainly recoverable and the degree of the monetary award is dependent on the a amount of distress.
People, please don't post about things if you don't know about them.
They can try..... Judgements very rarely are made upon emotions presented as a reason.
Mental distress... We get mental health discovery of the plaintiff!!! Oh boy what a field day for a defense lawyer!
Tell that to Rape victims, when they make an accusation....
First, welcome to the 21st century where rape shield laws don't require victims to describe their past sexual encounters.
Second, this isn't a rape case, it's a defamation case with particular elements the plaintiffs have to prove. They have to show that what Jones said was a lie and they they were harmed. Jones can mount an affirmative defense and show that what he said was true, except that he won't be able to do so. Or, as TEPLimey keeps pointing out, he can claim that he was playing the Devil's Advocate. In any case, the personal lives of the plaintiffs will not be on display.
Unless Jones's lawyer is as stupid as, say, Michael Cohen, he will NOT attack the parents of the Sandy Hook victims. No halfway smart lawyer would ever do that.
They can try..... Judgements very rarely are made upon emotions presented as a reason. Mental distress... We get mental health discovery of the plaintiff!!! Oh boy what a field day for a defense lawyer!
What are you talking about? What sort of actions do you think parents will have to reveal?
They will have to prove mental distress. That opens a big can of worms, in discovery. Hope they have not been seeing a shrink for decades.
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