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Old 07-13-2011, 07:09 AM
 
26,590 posts, read 54,671,366 times
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Quote:
Originally Posted by SUPERCHIC View Post
I feel she has a case 'SLANDER' and can sue but not sure she is going to see much since C.A. does not have a penny to her name at the moment and any offers she did get are starting to diminish.
Even if she can prove slander (which I think she can) she'd still have to prove damages.

In order to gain more than a very modest settlement or award (a "make it go away type of payout"), she'd need to show:

She was damaged emotionally with proof of doctors or therapists records showing she needed medication and/or therapy;

Lost wages by proving she was fired solely because of her name being associated with the case and also prove that she attempted to mitigate her damages by pursuing other work--this would require proof of every place she had applied for work, and proving she had made a diligent job search.

If she can't prove any of that, her award isn't going to cover the legal costs of depositions, filing fees, and her attorney's cut.

She can still get a judgement against Casey and attach any future earnings or real property for up to 20 years.
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Old 07-13-2011, 06:08 PM
 
25,951 posts, read 39,243,509 times
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Quote:
Originally Posted by annerk View Post
Even if she can prove slander (which I think she can) she'd still have to prove damages.

In order to gain more than a very modest settlement or award (a "make it go away type of payout"), she'd need to show:

She was damaged emotionally with proof of doctors or therapists records showing she needed medication and/or therapy;

Lost wages by proving she was fired solely because of her name being associated with the case and also prove that she attempted to mitigate her damages by pursuing other work--this would require proof of every place she had applied for work, and proving she had made a diligent job search.

If she can't prove any of that, her award isn't going to cover the legal costs of depositions, filing fees, and her attorney's cut.

She can still get a judgement against Casey and attach any future earnings or real property for up to 20 years.
She lost her job...isn't that proof...it was due to the fact that her name was in the news as the kidnapper of the little girl..

Casey got served in jail today...Another lawsuit for $ 100K. The gift keeps coming and to me they have a strong case. How will she lie herself out this one!

She stated to the police her daughter was gone...and now in court through her lawyer she claims she knew the entire time the child drowned...

Maybe a perjury indictment or will she settle out of court to prevent from having to deal with this....I assume a settlement is the easy way out!
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Old 07-13-2011, 06:36 PM
 
26,590 posts, read 54,671,366 times
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Quote:
Originally Posted by bentlebee View Post
She lost her job...isn't that proof...it was due to the fact that her name was in the news as the kidnapper of the little girl..
She claims she lost her job for that reason. Her former employer will have to testify that this is the case, under oath. If her former employer declines, she will ahve a hard time "priving" that she lost her job for that reason and not because of a slowdown in business or poor performance. The burden of proof is on Zenaida. She will also have to prove that she tried to mitigate her damages by applying for other jobs and have records of when and where she applied.

Quote:
Casey got served in jail today...Another lawsuit for $ 100K. The gift keeps coming and to me they have a strong case. How will she lie herself out this one!

She stated to the police her daughter was gone...and now in court through her lawyer she claims she knew the entire time the child drowned...

Maybe a perjury indictment or will she settle out of court to prevent from having to deal with this....I assume a settlement is the easy way out!
Her lawyers statements and court can't be used as grounds for a perjury charge against Casey.
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Old 07-13-2011, 07:01 PM
 
25,951 posts, read 39,243,509 times
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Quote:
Originally Posted by annerk View Post
She claims she lost her job for that reason. Her former employer will have to testify that this is the case, under oath. If her former employer declines, she will ahve a hard time "priving" that she lost her job for that reason and not because of a slowdown in business or poor performance. The burden of proof is on Zenaida. She will also have to prove that she tried to mitigate her damages by applying for other jobs and have records of when and where she applied.



Her lawyers statements and court can't be used as grounds for a perjury charge against Casey.
It's a civil case with less burden of proof...btw there is enough proof of how many times a day her name was in the news ...pretty easy to proof that part, also the death treats, etc...and we now have on the record that the entire thing was a lie and Caylee was never kidnapped but drowned.

It might even be settled out of court to protect Casey from perjuring herself or she will take the 5th...
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Old 07-13-2011, 08:34 PM
 
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Child Killer will have to be deposed, what is the point? She is a complete liar, as stated by her own attorney!
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Old 07-13-2011, 08:35 PM
 
Location: Ohio
13,900 posts, read 10,808,453 times
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is it just me or are there ALOT more people in the true crime forums these last two weeks?
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Old 07-13-2011, 08:36 PM
 
1,422 posts, read 4,644,302 times
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I think ZFG will have a tough time winning this case, although I would like to see her do so.

A very interesting legal question is whether Casey would be within her legal rights to plead the 5th. Some say she would have to testify since 'self-incrimination', the basis for the 5th, is not an issue because she's already protected from double jeopardy.
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Old 07-13-2011, 09:40 PM
 
26,590 posts, read 54,671,366 times
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Quote:
Originally Posted by bentlebee View Post
It's a civil case with less burden of proof...btw there is enough proof of how many times a day her name was in the news ...pretty easy to proof that part, also the death treats, etc...and we now have on the record that the entire thing was a lie and Caylee was never kidnapped but drowned.
First of all, anything Baez said in court can't be used against Casey in the civil trial. That's why the Equisearch cause of action is possibly flawed and without a prima facia case.

There's a difference between proving someone committed a tort and proving you were actually financially damaged by their actions and the amount of damages.

I'm not saying that Zenaida can't prove that Casey saw her name at the apartments and then tossed it out there as the Nanny's name and the person who took Caylee.

What I am saying is that Zenaida needs to prove her damages. She'll want damages for mental anguish, which won't amount to much if she doesn't have medical or counseling patient notes to back up her claim. Will she get something? Sure, but it won't be the big payout she's hoping for.

As far as lost wages, she needs to prove that she was fired as a direct result of Casey's actions, and also that she was unable to find another job as a direct result of Casey's actions. She can't just say it happened, she needs to prove it. She needs to bring in her former employer as well as businesses she applied for jobs with and get them to say they wouldn't hire her/keep her employed because of Casey Anthony. Without that, she can't prove any financial damages were directly caused by Casey.

It doesn't have to be more than a reasonable man standard, but it does require a burden of proof that's higher than just taking her word for it.

Quote:
It might even be settled out of court to protect Casey from perjuring herself or she will take the 5th...
It will be interesting to hear what Casey has to say in the deposition.
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Old 07-13-2011, 10:03 PM
 
Location: in my mind
4,758 posts, read 6,555,772 times
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Regardless of whether Zenaida gets a cent out of this, I think it is good she is pursuing the matter. At a bare minimum, Casey needs to have some consequence from her tendency to spin stories about people. So just the fact that she is facing a civil trial is better than nothing.
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Old 07-14-2011, 12:20 AM
 
1,228 posts, read 1,578,090 times
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Quote:
Originally Posted by annerk View Post
She claims she lost her job for that reason. Her former employer will have to testify that this is the case, under oath. If her former employer declines, she will ahve a hard time "priving" that she lost her job for that reason and not because of a slowdown in business or poor performance. The burden of proof is on Zenaida. She will also have to prove that she tried to mitigate her damages by applying for other jobs and have records of when and where she applied.



Her lawyers statements and court can't be used as grounds for a perjury charge against Casey.

What does
'ahve' and 'priving' mean? Never heard of those words
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