Wednesday, February 14, 2007

Rarely say quit.

Hello old friend,

Glad to see that you are still around.

Well, I am glad you are receptive to being bored.

North Carolina is on hold for now.

Here is the boring part:

I wrote last you last summer and told you about a blog that I had started. I continued the blog until this month, and then I deleted the whole thing. I am such a ball buster. I believe that I had quite a regular readership. I base this not on my 'hits,' which totaled fewer than 10,000, but on the fact that if you Google "my name" or "my name" you get a lot of hits on other sites that refer to my blog. I published the blog pseudo-anonymously, for 'just-for-fun' legal reasons. Quite a kick in the pants that way.

I would rather, just in case you had a mind to, that if you do happen to share this with anyone, you edit my name out. The just-for-fun part is this: If I had been sued for libel based on the contents of my blog, as I had not identified myself within the blog, I could answer with a general denial and the plaintiff's would have to prove that I wrote it. Any plaintiff that sued me would have had to prove that it was me that wrote it and that would entail getting subpoena's and so forth. Further, as my blog is an indictment of so many people, I could drag all of them into any such suit. So, if someone that I have supposedly libeled wants to sue me, they are going to have to prove it's me. Unless I admit it, they can't prove it is me unless they prove that many other things on the blog are also true or false and did or did not happen to me. In the pursuit of this proof, these people, mostly lawyers, would be risking that one of them might tell the truth. I know that this is a long shot [a lawyer telling the truth], but not one that a lawyer doing a risk assessment would ignore.

This 'general denial' thing is interesting. The law of the State of Louisiana does not allow them. However, I have been answered with general denials in two lawsuits and the judges let the general denials slide. Further, these same judges disallowed my motion for Statements of Facts, which are supposed to be in the answer to the lawsuit, anyhow.

Further, anybody that would sue me for libel has this problem. What if I win? What happens if I appear before a judge that is not corrupt? This is also a long shot, but again, not one that a lawyer doing a risk assessment would ignore.

Really, knowing what I know now, if I had ever made it through law school that is definitely something to be considered if I had to do some forum shopping. Which judge is corrupt in what way?

Think about the Schiavo case. My thoughts were originally that after a great deal of reflection the judge understood that her soul was trapped, and enough was enough. [Of course I understand that the Judge deemed the husband's position the more compelling.] In hindsight, I would like to know whether he received a break when he renewed his health insurance.
Well, later, Jambalaya Jim Costonis

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