fallenchicken
Well-Known Member
If he doesn't want to get sued as well he better work pro bono.
Trey Burke is getting sued
- Thread starter fallenchicken
- Start date
If he doesn't want to get sued as well he better work pro bono.
harassment perhaps?
Now that I've actually read the story, I would hope that there would at least be a generous donation made to a foundation dedicated to helping those with the disorder.
Now that I've actually read the story, I would hope that there would at least be a generous donation made to a foundation dedicated to helping those with the disorder.
Sexual Favors
Well-Known Member
That is not what is happening here.
The insulting joke was levied publically, thus influencing other's opinions and defaming Binnion's reputation.
What you are referring to is different. As a disabled person myself, insults are levied on the regular, but they are not defaming me because they are not done on public stages by people who hold a great deal of influence to alter my reputation, thus no law has been broken. While I find it repugnant when I am ridiculed and judged for a disability and not the content/merit of my being, I know nothing illegal has taken place. I reserve my right to verbally bitch slap those who come at me like that. That is free speech, and should be protected for both parties.
Defamation is another matter. It is serious, and illegal for a reason. Nothing new is happenng here, except three celebrities who decried Sterling (who broke moral codes and NBA laws, not US laws) were engaging in a more socially acceptable form of the same thing. That, in and of itself was not illegal. Defamation is though, as it has numerous and unforeseeable ramifications on those who have been defamed.
Public or not he was not denied a single service, privilege or entitlement based on what they did. Not one. So there is nothing to sue for that. If he does and wins based on that then get ready....
♪alt13
Well-Known Member
My understanding is that the didn't make any false claims so...
no case. I think this guys lawyer probably realizes this but knows that Shaq and trey don't want this to stay in the media for the next few years. They will settle out of court.
Sexual Favors
Well-Known Member
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.
What damages is he claiming that happened to him? That would be my question if I were on a jury.
I wish Trey would have just offered to cut him a check and sign some legal documents before this stuff happened, just to punish himself for being a jerk (in that case...I've seen nothing to indicate he's a total jerk in general). The fact the guy's demanding it I don't care for.
I wish Trey would have just offered to cut him a check and sign some legal documents before this stuff happened, just to punish himself for being a jerk (in that case...I've seen nothing to indicate he's a total jerk in general). The fact the guy's demanding it I don't care for.
You're fully entitled to half my debts.
The false statement has to be regarding the person who's suing and claiming damages, not some loosely related false statement regarding the circumstances of the taking of a picture. The reasoning behind that is that they need to establish a lie(false statement) told ABOUT THEM has cause them harm(for example - if he had said that the plaintiff is a rapist). In other words, you cannot sue for defamation when somebody lies about stuff that has nothing to do with you.
Furthermore, the fault of intent or negligence is incredibly hard to prove in court. Cause here the intent you have to prove is the intent to defame the person, not the intent to have fun with your buddies in a totally classless way. They need to prove Trey intended to defame this guy specifically with some sort of false statement that he's made(which to my knowledge he hasn't done). The negligence in law is not exactly what you think of "negligence" in everyday use. It is again really hard to determine and hard to prove.
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If that's a knock on me. Try to sue me in Germany
There's no 23.6 billion to get over here from judges as a finders fee for finding misleading statements ever done by a tobacco industry executive and going a little bit Snowden with an inside job in the company to find documents that prove they deliberately made the false statement !I also thought defamation required an audience
I don't know if jazzfanz qualifies as that.
His nonexistent reputation took a blow
Dude has no way of getting a ruling in his favor. He'll get some settlement because Shaq and Trey won't bother fighting his case and will feel bad.
Next, he should try and secure some royalties while allowing himself to be the next great internet meme.
Dude has no way of getting a ruling in his favor. He'll get some settlement because Shaq and Trey won't bother fighting his case and will feel bad.
Next, he should try and secure some royalties while allowing himself to be the next great internet meme.