• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

does she have a case?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bluebuttons

Junior Member
What is the name of your state? CA

for a few weeks i have been anonymously posting childish and snide remarks on an acquaintance's web log, generally exaggerating and making fun of one of her physical features. i also posted a few similar remarks on her friends' web logs. a while ago she asked whoever was posting the remarks to stop (but she did not ask for a retraction). i did not. even more recently she managed to discover my identity and is now threatening to sue on the basis of libel and 'mental anguish' suffered. she claims everytime a 3rd party clicks on a link to access her web log and reads the remark/s in question, that is 1 count against me, and even stated a $50,000 per count figure. my question is, does she have a case against me?

any help/advice given will be greatly appreciated, thanks!
 


bluebuttons said:
What is the name of your state? CA

for a few weeks i have been anonymously posting childish and snide remarks on an acquaintance's web log, generally exaggerating and making fun of one of her physical features. i also posted a few similar remarks on her friends' web logs. a while ago she asked whoever was posting the remarks to stop (but she did not ask for a retraction). i did not. even more recently she managed to discover my identity and is now threatening to sue on the basis of libel and 'mental anguish' suffered. she claims everytime a 3rd party clicks on a link to access her web log and reads the remark/s in question, that is 1 count against me, and even stated a $50,000 per count figure. my question is, does she have a case against me?

any help/advice given will be greatly appreciated, thanks!
Lmao@50k per offense!!!! :D

Seriously you should consider not leaving remarks on her blog any longer. For her to have a case she would have to prove her damages caused by your remarks. That and she need lots of money and an attorney that would even bother taking the case.
 

Veronica1228

Senior Member
bluebuttons said:
What is the name of your state? CA

for a few weeks i have been anonymously posting childish and snide remarks on an acquaintance's web log, generally exaggerating and making fun of one of her physical features. i also posted a few similar remarks on her friends' web logs. a while ago she asked whoever was posting the remarks to stop (but she did not ask for a retraction). i did not. even more recently she managed to discover my identity and is now threatening to sue on the basis of libel and 'mental anguish' suffered. she claims everytime a 3rd party clicks on a link to access her web log and reads the remark/s in question, that is 1 count against me, and even stated a $50,000 per count figure. my question is, does she have a case against me?

any help/advice given will be greatly appreciated, thanks!
I got your PM, and while I appreciate your confidence I am not a lawyer. Personally, I agree with jpritchett that this person does not have much of a case and would have to first find an attorney to take her on and she would need to prove damages. $50,000 per incident is ludicrous and obviously a fictional amount that she created to intimidate you. Ask her to only contact you through her lawyer from now on.

By the way, stop posting the crap. You admit that it is childish and I agree. Leave her alone. What is your beef with her anyway? Whatever it is, just let it go and get a new hobby. I'm sure you can find other ways to entertain yourself.
 

bluebuttons

Junior Member
Veronica1228 said:
I got your PM, and while I appreciate your confidence I am not a lawyer. Personally, I agree with jpritchett that this person does not have much of a case and would have to first find an attorney to take her on and she would need to prove damages. $50,000 per incident is ludicrous and obviously a fictional amount that she created to intimidate you. Ask her to only contact you through her lawyer from now on.

By the way, stop posting the crap. You admit that it is childish and I agree. Leave her alone. What is your beef with her anyway? Whatever it is, just let it go and get a new hobby. I'm sure you can find other ways to entertain yourself.
Thanks Veronica1228 and jpritchett. First off I have stopped posting the crap. Secondly, I too, when she first told/warned me about it, I did find it somewhat hard to believe that each 'mouseclick' per se could amount to be one charge each and $50k at that, but I didn't want to risk provoking her further by calling her bluff.

You guys both mention that this person 'does not have much of a case'. Why exactly is that so? Are you saying that purely because you believe it would be hard for her to 'prove damages'? When it comes to 'mental anguish' though, how would one successfully do so? If she would be able to somehow prove that as a result of all this, for example, her productivity at work suffered, would that be sufficient? I know it might not be the most relevant or applicable example, but it's the best one I can think of right now. And assuming she -is- able to prove damages with respect to her 'mental anguish', would that not give her a case against me? Sorry if I seem to be asking a lot of silly and basic questions but I just want to be sure.

Thanks again for all your help!
 

Veronica1228

Senior Member
bluebuttons said:
Thanks Veronica1228 and jpritchett. First off I have stopped posting the crap. Secondly, I too, when she first told/warned me about it, I did find it somewhat hard to believe that each 'mouseclick' per se could amount to be one charge each and $50k at that, but I didn't want to risk provoking her further by calling her bluff.

You guys both mention that this person 'does not have much of a case'. Why exactly is that so? Are you saying that purely because you believe it would be hard for her to 'prove damages'? When it comes to 'mental anguish' though, how would one successfully do so? If she would be able to somehow prove that as a result of all this, for example, her productivity at work suffered, would that be sufficient? I know it might not be the most relevant or applicable example, but it's the best one I can think of right now. And assuming she -is- able to prove damages with respect to her 'mental anguish', would that not give her a case against me? Sorry if I seem to be asking a lot of silly and basic questions but I just want to be sure.

Thanks again for all your help!
She basically has to PROVE cause and effect. If she is having problems at work due to "mental anguish" she would have to prove that this was caused by the things that you posted on her blog. She would most likely need sworn affidavits or testimony by a mental health professional. This is just one example. The bottom line will be, is she able to find an attorney who thinks that she has a good case? Until you hear from this person's attorney I would not worry about it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top