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Does he have a case?

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Need_help_in_TX

Junior Member
What is the name of your state?My husband and I live in TX and are members of an internet message board forum much like this one. I got into a debate with another member (who, I believe, lives in VA) who became quite rude, arrogant and condescending toward me. This angered my husband who then got into an argument with this other member; name-calling and foul language ensued. At one point this other member made a long-winded post elaborating on his superiority, and listed degrees, qualifications, and experience in two different fields, to which my husband replied, “so let’s read between the lines here…. You FAILED as a microbiologist, so you bought some phoney legal qualifications on the internet…..” In the same post my husband made the statement, “…and if you use that ****ing smiley once more, I swear I’ll hunt you down and shove it down your scrawny throat!” This member began threatening my husband with legal action via private message, while the argument continued on the forum until the thread was closed by a forum moderator.

Two days later, my husband posted a retraction (of sorts) stating that he has no knowledge of how, where or if this person had obtained his legal qualifications, nor of his success or failure in either field. He also made assurance that he has no intention of hunting him down to shove a computer graphic down his throat. The thread was immediately locked by a moderator at my husband’s request to avoid another slanging match. However, both the original thread and my husband’s retraction were deleted by site administration later in the day.

Now this person is demanding another “unambiguous apology and retraction” to prevent him from pursuing legal action. He states that he is not “anonymous” on the forum because a handful of other members know him or know who he is, and states that for this reason, his professional reputation has been harmed. He also states that my husband’s “threats” to track him down have caused himself and the two other partners at his firm “harm and deep concern”. He says that the previous “partial” retraction was not published long enough.

I would like to add that, through private messages from other members and my own search of this member’s posts, we know of at least two other members who have received similar threats from this person, after statements made in the heat of argument. This person has quite a reputation on the site for inciting such arguments.

Now, before we give in to what we consider bullying by this person, we would like to find answers to the following:

1.Does it appear that this person has a good chance for a successful case against my husband?

2.Does it appear that my husband would have cause to report this person to the bar association for his behaviour on the forum? (i.e. possibly “frivolous?” threats of legal action)
 


BelizeBreeze

Senior Member
1.Does it appear that this person has a good chance for a successful case against my husband?
Yes, for acting like a damn fool. How old is this husband of yours anyway, 12?

2.Does it appear that my husband would have cause to report this person to the bar association for his behaviour on the forum? (i.e. possibly “frivolous?” threats of legal action)
And how do you propose to do this without his bar card number, his name, address and state license number?

Listen, BOTH your hubby and this jerk are idiots. But, as to the legal ramifications, there are none. Tell hubby to keep off the forum and you might do the same also.

if you can't, then do not respond any longer to this fool.
 
M

meganproser

Guest
BUT the “assault with a deadly emoticon” idea is creative and your hubby definitely gets points in my book for that.

Seriously though, if the emoticon victim has issues with how long the “apology” remained on line, he will have to take that up with the forum owner.

Your husband did more than was really called for in the situation by “retracting” statements that were clearly opinion to begin with and by assuring the attorney and his firm that they had no need to worry about the ingested emoticon threat.
 

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