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Actually, malice is a substantial part of defamation/libel lawsuits. Even then, this case has serious problems. First, Casey give the false information to law enforcement in what is usually a private conversation. Defamation lawsuits hinge on the false information being "published" to the general public and it was not Casey who did that. Second, the statute of limitations on defamation suits is two years and I'm fairly certain that it's been two years since those statements were made. If that's the case then this won't even be allowed to go to trial.
There is no expectation of privacy when you give information to the authorities, except in very specific cases involving sexual crimes and/or crimes involving children. Even the attorney client privilege and doctor patient privilege can be broken under certain very specific exigent circumstances.
The statute of limitations is two years to serve a summons and complaint. (and I'm not sure and don't have time to look, but it's possible you don't even have to serve the actual complaint, just notice that you intend to serve.) The trial can be held a decade later as long as the defendant was served within the required time frame.
Certainly John Morgan knows the statutes. Florida has sunshine laws which open up Casey's lies for publication and distribution.
I doubt Morgan would be compelling her to testify,unless he knew he could get something from this civil case. The other side filed a Motion to Quash but who knows what may happen.
The case itself is a sad commentary. I doubt I will be following it after the summer.
As Annerk said, this is probably more about publicity than it is about winning money. I've met John Morgan personally, and he is a good man and a very skilled lawyer but even he has to know that this is a tough case to win.
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Originally Posted by annerk
There is no expectation of privacy when you give information to the authorities, except in very specific cases involving sexual crimes and/or crimes involving children. Even the attorney client privilege and doctor patient privilege can be broken under certain very specific exigent circumstances.
This is true, but I still have serious doubts that her case would be successful based on the simple fact that it was not Casey who "published" this information.
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The statute of limitations is two years to serve a summons and complaint. (and I'm not sure and don't have time to look, but it's possible you don't even have to serve the actual complaint, just notice that you intend to serve.) The trial can be held a decade later as long as the defendant was served within the required time frame.
I was mistakenly under the impression that the case wasn't filed until this year. It looks like it was filed in 2008 and was just postponed during the criminal trial. In that case the SOL hasn't expired.
The trial can take a decade later? Its a civil case. It would be settled or thrown out.
Its not a criminal trial, civil cases are rather boring. Other than audiences who watch Judge Judy all day I dont think it would garner much media interest.
Cheny Mason says that he is getting checks in the thousands for Casey.
I don't believe him.
He talks out of both sides of his mouth. Before joining the trial team he had nothing nice to say about Casey Anthony or the up coming trial.
The trial can take a decade later? Its a civil case. It would be settled or thrown out.
I personally know of several that went on that long. I don't think this one will, but it's not unheard of.
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Its not a criminal trial, civil cases are rather boring. Other than audiences who watch Judge Judy all day I dont think it would garner much media interest.
Nancy Grace will be all over it. I don't think the media has tired of Casey yet.
I hope they win something but it will amount to zilch. Justice was not served for the victim here. I could care less about Baez or whoever writes books about it to feather their nest.
What will happen with this case...does anybody heard of anything new? I don't understand that Casey can leave the State while this case is till pending and the plaintiff's lawyer wants a deposition...
What will happen with this case...does anybody heard of anything new? I don't understand that Casey can leave the State while this case is till pending and the plaintiff's lawyer wants a deposition...
It's a civil case. She can basically do whatever she wants (including not showing up at all) and the worst that would likely happen is a default judgement entered against her.
I don't believe him.
He talks out of both sides of his mouth. Before joining the trial team he had nothing nice to say about Casey Anthony or the up coming trial.
Yeah and Scott Petersen doesn't receive two bag fulls of mail, every week, from very beautiful women, sending him money and marriage proposals. Along with naked pictures of themselves.
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