You guys...settle the hell down. Your interpretation is not reality here. First, I am in the case file right now and I don't even see that Powell has filed an answer. All I have is a motion to dismiss with supporting memo.
You can't take this so literally. The legal elements of defamation law are not quite like what we would presume those words mean. I will quote of her supporting memo:
Of particular importance in evaluating the actionability of a statement is whether the underlying facts on which it is based have been disclosed. In NBC Subsidiary, decided the same day as Keohane, the Colorado Supreme Court applied this test in determining that two broadcasts stating that the plaintiff’s living-will package was a “scam,” and that plaintiff’s customers had been “totally taken” were not actionable. 879 P.2d at 7-8. Discussing the United States Supreme Court’s decision in Milkovich, the Colorado Supreme Court noted that the statements were based on facts disclosed during the broadcasts. The Court thus concluded:
[Milkovich] unquestionably excludes from defamation liability not
only statements of rhetorical hyperbole – the type of speech at issue
in the Bressler-Letter Carriers-Falwell cases – but also statements
clearly recognizable as pure opinion because their factual premises
are revealed. Both type of assertions have an identical impact on
readers – neither reasonably appearing factual – and hence are
protected equally under the principles espoused in Milkovich.
Id. at 12 (brackets in original) (citing Phantom Touring, Inc. v. Affiliated Publications, 953 F.2d 724, 731 n.13 (1st Cir. 1992)).
She is not saying that she was just fucking around, full of shit etc. She is saying that under the law, what she said is protected speech. Jesus. The doom is strong in here today.
Plus, she is moving to dismiss because this case is in the DC Circuit. Do you think Powell will get a friendly jury in DC for this case? Hell fucking no. And there is hardly any connection for either party to the DC Circuit, so she has a good argument that if this court won't dismiss the case, it should be moved to Texas, where she is headquartered because the DC Circuit lacks jurisdiction over her. This is a necessary move, both for now and down the road. It is grounds to appeal an adverse decision later, and also grounds to not have a shit jury right now.
You guys...settle the hell down. Your interpretation is not reality here. First, I am in the case file right now and I don't even see that Powell has filed an answer. All I have is a motion to dismiss with supporting memo.
You can't take this so literally. The legal elements of defamation law are not quite like what we would presume those words mean. I will quote of her supporting memo:
Of particular importance in evaluating the actionability of a statement is whether the underlying facts on which it is based have been disclosed. In NBC Subsidiary, decided the same day as Keohane, the Colorado Supreme Court applied this test in determining that two broadcasts stating that the plaintiff’s living-will package was a “scam,” and that plaintiff’s customers had been “totally taken” were not actionable. 879 P.2d at 7-8. Discussing the United States Supreme Court’s decision in Milkovich, the Colorado Supreme Court noted that the statements were based on facts disclosed during the broadcasts. The Court thus concluded:
[Milkovich] unquestionably excludes from defamation liability not only statements of rhetorical hyperbole – the type of speech at issue in the Bressler-Letter Carriers-Falwell cases – but also statements clearly recognizable as pure opinion because their factual premises are revealed. Both type of assertions have an identical impact on readers – neither reasonably appearing factual – and hence are protected equally under the principles espoused in Milkovich.
Id. at 12 (brackets in original) (citing Phantom Touring, Inc. v. Affiliated Publications, 953 F.2d 724, 731 n.13 (1st Cir. 1992)).
She is not saying that she was just fucking around, full of shit etc. She is saying that under the law, what she said is protected speech. Jesus. The doom is strong in here today.
Plus, she is moving to dismiss because this case is in the DC Circuit. Do you think Powell will get a friendly jury in DC for this case? Hell fucking no. And there is hardly any connection for either party to the DC Circuit, so she has a good argument that if this court won't dismiss the case, it should be moved to Texas, where she is headquartered because the DC Circuit lacks jurisdiction over her. This is a necessary move, both for now and down the road. It is grounds to appeal an adverse decision later, and also grounds to not have a shit jury right now.
Thanks -- everyone else, read this again... Legal games are 4D and have many early events that enable later motions