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Trey Burke is getting sued

I don't know about the merits of the lawsuit but Shaq needs to grow up (mentally obviously)...how shallow must your life be if you're posting crap like this on Twitter in your 40s...probably impresses the teenage bimbos he's creeping around though...I hope Trey learns this is not a good look at any age...
 
i agree they didn't do enough to get sued, however, i hope this whole situation catalyzes an outlook change in Trey, Shaq, and the rapper... to stop being douches.
 
Sexual Favors said:
That is not what is happening here.

The insulting joke was levied publically,
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So if you call me a jerk on jazzfanz (a public website) then i should he able to sue you?

Seems kinda ridicilous tbh
 
Do we even know if Burke knew this was a real person before posting? He may not have even known this individual actual existed. When I 1st saw it I assumed it was some type of photoshop job as I was completely unfamiliar with this gentleman's condition.
 
Sexy Favors is actually preaching the truth and you guys are not dealing well. this is going to settle and dude is getting paid.

if it went to trial, it would actually be kinda interesting, because Trey's lawyer would absolutely play the 'no false statement' card as hard as possible, but I don't think most judges or juries would bite on that. especially because Shaq would undoubtedly be a total idiot in court and remove all potential sympathy to his case.

there are some jurisdictional issues here that are kinda interesting as well, cuz this thing is def getting removed to fed court if it's going anywhere at all, and I'm not sure Trey has enough contacts with Illinois to get pulled in on this there w/o this dude having to go to Ohio or Utah to make this happen. idk what the law is re: personal jurisdiction on twitter.
 
His lawsuit will do more to damage his reputation than the post. He had no reputation to speak of before to damage. Now he is blowing his reputation as a victim of an insensitive prank to a money grubbing opportunist making a mockery of our legal system.
 
kanye said:
Sexy Favors is actually preaching the truth and you guys are not dealing well. this is going to settle and dude is getting paid.

if it went to trial, it would actually be kinda interesting, because Trey's lawyer would absolutely play the 'no false statement' card as hard as possible, but I don't think most judges or juries would bite on that. especially because Shaq would undoubtedly be a total idiot in court and remove all potential sympathy to his case.

there are some jurisdictional issues here that are kinda interesting as well, cuz this thing is def getting removed to fed court if it's going anywhere at all, and I'm not sure Trey has enough contacts with Illinois to get pulled in on this there w/o this dude having to go to Ohio or Utah to make this happen. idk what the law is re: personal jurisdiction on twitter.
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Settling out of court because the defendants don't want the bad publicity it will bring is far different than winning a court case based on someone being ajerk online.

Also the best example of "defamation" agaisnt Burke is that he called him another man's name. Very shaky ground.

He will get paid out of court imo but if it went to court I seriously doubt he would win.

Edit: I wonder if Burke's apology to this guy and he was fine and moved on. Then an attorney contacted him and connvinced him to sue because he was a victim.
 
This is why in this day and age you never, ever, ever, ever apologize for anything.

My brother got into an incident a few years back with some guy which turned into a legal matter. He tried to defuse the situation by apologizing to the guy and the **** bag turned around and immediately used it against him in court.
 
candrew said:
This is why in this day and age you never, ever, ever, ever apologize for anything.

My brother got into an incident a few years back with some guy which turned into a legal matter. He tried to diffuse the situation by apologizing to the guy and the **** bag turned around and immediately used it against him in court.
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Was the accident your brother's fault?
 
Sexual Favors said:
His reputation took a blow. That is the result of defamation, which I believe will be the issue of the case.


Didn't Trey say it was an Ian Clark selfie? That's a false statement.



I see this being settled out of court as well, not because Binnion has no case, but because the amount he wants is pennies to these guys.

Defamation per Cornell law:

"To establish a prima facie case of defamation, four elements are generally required: a false statement purporting to be fact concerning another person or entity; publication or communication of that statement to a third person; fault on the part of the person making the statement amounting to intent or at least negligence; and some harm caused to the person or entity who is the subject of the statement."
https://www.law.cornell.edu/wex/defamation

1. False Statement: Trey said photo was Ian Clark selfie.
2.Publication/communication to third party: posted to thousands of instagram followers.
3. Fault of intent or negligence: easily negligence.
4. Some harm to subject : public ridicule, loss of reputation, and emotional turmoil.

That took me all of five minutes to see he has the bones of a case against Trey.
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This guy should hire you as his lawyer.
 
QuinSnydersHair said:
Was the accident your brother's fault?
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It's hard to say - it's a long story but I'll attempt to tell it. My brother was down the shore with his g/f (this was about 10-15 years ago) and gets into a road rage incident with some guy who was driving like a complete dick. My brother is about 6'4" 220 all muscle but he doesn't have a violent bone in his body. Anyway, my brother made the mistake of getting out of his car and confronting the guy - not to fight him, more like a "what's your problem" thing. The guy calls 911 - and as I'm sure you know most shore town cops are Nazi's. Long story short, he ended up in court with a sort of he said/he said deal. My brother tries to apologize to the dude "for the situation" and the next thing you know that's being used against him in court. According to the judge my brother was lucky he didn't end up in jail.
 
Stoked said:
Settling out of court because the defendants don't want the bad publicity it will bring is far different than winning a court case based on someone being ajerk online.

Also the best example of "defamation" agaisnt Burke is that he called him another man's name. Very shaky ground.

He will get paid out of court imo but if it went to court I seriously doubt he would win.

Edit: I wonder if Burke's apology to this guy and he was fine and moved on. Then an attorney contacted him and connvinced him to sue because he was a victim.
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My understanding is that the guy would have to prove that trey meant his statement to be taken as true or that a reasonable person might believe that it was true.
 
candrew said:
It's hard to say - it's a long story but I'll attempt to tell it. My brother was down the shore with his g/f (this was about 10-15 years ago) and gets into a road rage incident with some guy who was driving like a complete dick. My brother is about 6'4" 220 all muscle but he doesn't have a violent bone in his body. Anyway, my brother made the mistake of getting out of his car and confronting the guy - not to fight him, more like a "what's your problem" thing. The guy calls 911 - and as I'm sure you know most shore town cops are Nazi's. Long story short, he ended up in court with a sort of he said/he said deal. My brother tries to apologize to the dude "for the situation" and the next thing you know that's being used against him in court. According to the judge my brother was lucky he didn't end up in jail.
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16 years ago, I got pulled over at 1am down in Bay Head, on my way to see this girl I was dating in Lavalette. It was the night the Jazz beat the Bulls in game one and I was in a great mood. I had had a lot to drink (10 beers, 1 shot) but by the time I got pulled over, I probably hadn't had anything in about an hour and a half and I felt fine tbh. I was basically pulled over for going 55 in a 40 (in hindsight, I don't know what the heck I was thinking) and the Officer asked me if I had been drinking. I told him I had one drink at first and over the course of the next 15 minutes during which there was a DWI test, that number went from one to two to three to four drinks. At the end, the Officer was like, You said you're going to see your girlfriend in Lavalette? I said yes, and he told me I could leave my car on the side of the road there and that he'd drive me to her place and that she could bring me to the station in the morning to get my keys, and then my car.

I was so lucky. I have a feeling he did that because I told him I had just graduated and was going to be a teacher...I think we're looked at as good people thought truth be told, we're no better or worse than any other industry. Regardless, I was counting my lucky stars.
 
QuinSnydersHair said:
16 years ago, I got pulled over at 1am down in Bay Head, on my way to see this girl I was dating in Lavalette. It was the night the Jazz beat the Bulls in game one and I was in a great mood. I had had a lot to drink (10 beers, 1 shot) but by the time I got pulled over, I probably hadn't had anything in about an hour and a half and I felt fine tbh. I was basically pulled over for going 55 in a 40 (in hindsight, I don't know what the heck I was thinking) and the Officer asked me if I had been drinking. I told him I had one drink at first and over the course of the next 15 minutes during which there was a DWI test, that number went from one to two to three to four drinks. At the end, the Officer was like, You said you're going to see your girlfriend in Lavalette? I said yes, and he told me I could leave my car on the side of the road there and that he'd drive me to her place and that she could bring me to the station in the morning to get my keys, and then my car.

I was so lucky. I have a feeling he did that because I told him I had just graduated and was going to be a teacher...I think we're looked at as good people thought truth be told, we're no better or worse than any other industry. Regardless, I was counting my lucky stars.
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Damn bro, you were WAY lucky.

Are you sure you didnt shd?


I always seems to get to see the bad side of cops
 
heyhey said:
My understanding is that the guy would have to prove that trey meant his statement to be taken as true or that a reasonable person might believe that it was true.
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Which I wouldn't buy if I was on a jury. But my point was that what I mentioned is the guys best shot at it and it falls dramatically short imo.
 
QuinSnydersHair said:
16 years ago, I got pulled over at 1am down in Bay Head, on my way to see this girl I was dating in Lavalette. It was the night the Jazz beat the Bulls in game one and I was in a great mood. I had had a lot to drink (10 beers, 1 shot) but by the time I got pulled over, I probably hadn't had anything in about an hour and a half and I felt fine tbh. I was basically pulled over for going 55 in a 40 (in hindsight, I don't know what the heck I was thinking) and the Officer asked me if I had been drinking. I told him I had one drink at first and over the course of the next 15 minutes during which there was a DWI test, that number went from one to two to three to four drinks. At the end, the Officer was like, You said you're going to see your girlfriend in Lavalette? I said yes, and he told me I could leave my car on the side of the road there and that he'd drive me to her place and that she could bring me to the station in the morning to get my keys, and then my car.

I was so lucky. I have a feeling he did that because I told him I had just graduated and was going to be a teacher...I think we're looked at as good people thought truth be told, we're no better or worse than any other industry. Regardless, I was counting my lucky stars.
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Yeah, it doesn't seem like you ever hear about a stripper having sex with a 15 year old.
 
kanye said:
Sexy Favors is actually preaching the truth and you guys are not dealing well. this is going to settle and dude is getting paid.

if it went to trial, it would actually be kinda interesting, because Trey's lawyer would absolutely play the 'no false statement' card as hard as possible, but I don't think most judges or juries would bite on that. especially because Shaq would undoubtedly be a total idiot in court and remove all potential sympathy to his case.

there are some jurisdictional issues here that are kinda interesting as well, cuz this thing is def getting removed to fed court if it's going anywhere at all, and I'm not sure Trey has enough contacts with Illinois to get pulled in on this there w/o this dude having to go to Ohio or Utah to make this happen. idk what the law is re: personal jurisdiction on twitter.
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Holy ****. It sure seems like a lot of people in this thread stayed at Holiday Inn Expresses last night.
 
Mr. McGibbles and stiches, I respect your guys' opinions, and admittedly don't know much about the law. The most I've done is taken the LSAT and scored well enough to meet admission standards of a few schools I am interwsted in. Truthfully, the LSAT is just an aptitude test, not a test of knowledge.

With that said, I am perplexed as to why you negged me Mr. McGibbles. I never said Binion would win his case, I just said he had the bones of a case, which obviously hinges on my understanding. I don't know every angle of the argument that Binion's lawyer would be crafting, but it obviously goes well beyond a levied insult and hurt feelings, which some on here are trying to simplify it to.
 
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