[ SHOWGSD-L ] Re: Lawsuits and TV Commercials
- From: caggra@xxxxxxx
- To: TISHW@xxxxxxx, showgsd-l@xxxxxxxxxxxxx
- Date: Tue, 26 Oct 2010 19:12:19 +0000
The part reagarding guilt not being determined in Civil court is untrue. In
Civil court you just need to reach a preponderance of the evidence (more than
50 percent probabilty that the plaintiff was wronged) to find in favor of the
plaintiff. In Criminal court "beyond a reasonable doubt" - nearly 100
percent, needs to be reached.
I am out of the loop regarding the ins and outs of this case now, but thought
this fact should be clarified because the membership should not be misinformed
that no guilt will be assigned in Civil court...that is just not true
Jeff Pyle
Windfall
Sent from my Verizon Wireless BlackBerry
-----Original Message-----
From: TISHW@xxxxxxx
Sender: showgsd-l-bounce@xxxxxxxxxxxxx
Date: Tue, 26 Oct 2010 14:49:18
To: <showgsd-l@xxxxxxxxxxxxx>
Reply-To: TISHW@xxxxxxx
Subject: [ SHOWGSD-L ] Re: Lawsuits and TV Commercials
In a message dated 10/21/2010 3:10:11 P.M. Eastern Daylight Time,
WALFLWR2@xxxxxxx writes:
Unfortunately, we (the board), under the
direction of our President and our attorneys, have been directed not to
discuss the lawsuit with anyone outside of the board. Apparently this
doesn't
I'm sure that most of you realize that if you were involved in a lawsuit,
your lawyer would be advising you not to be out talking about it. The
lawsuit against the individuals was dismissed for lack of jurisdiction in
Florida. That decision concerning the Club was reversed in January and the
Court of Appeals said Florida did have jurisdiction in regards to the Club
because the Club does conduct business in Florida. Following that last winter
there were numerous disparaging remarks made in emails and at dog shows
concerning the plaintiff and many were sent to Board members. In May, an
Amended Complaint was filed. I spent a great deal of time on the lawsuit
between January and June. At our July Board meeting when it was suggested in
open session that the Amended Complaint be put on the GSDCA website behind
the wall, a member in attendance jumped up and yelled he would sue the Club
if that were done. Consequently, it was not done.
In our justice system there is a criminal court and a civil court. The
criminal court is where O.J. was acquitted of a crime and the civil court is
where he was assessed heavy monetary damages for the same thing but guilt
was not determined. If the GSDCA goes to court, it will be a civil court
where guilt/innocence will not be determined but damages may be assessed.
The trial would take place in Florida. The Board, which was elected by the
membership to manage the Club, has the power to negotiate a settlement for
the Club if it can find acceptable grounds on which to do so.
I have been told that justice will be served if we go to trial - but
"whose" justice will be served - that of the plaintiff or that of the
defendant?
I know I am criticized by some for wanting to settle the lawsuit but I
believe that this Club should devote the time, energy, and money of its
members on the important events we have coming up in 2013, our National, and
other activities which are of benefit to the German Shepherd Dog.
Tish
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POST is Copyrighted 2010. All material remains the property of the original
author and of GSD Communication, Inc. NO REPRODUCTIONS or FORWARDS of any kind
are permitted without prior permission of the original author AND of the
Showgsd-l Management. ALL RIGHTS RESERVED.
Each Author is responsible for the content of his/her post. This group and its
administrators are not responsible for the comments or opinions expressed in
any post.
ALL PERSONS ARE ON NOTICE THAT THE FORWARDING, REPRODUCTION OR USE IN ANY
MANNER OF ANY MATERIAL WHICH APPEARS ON SHOWGSD-L WITHOUT THE EXPRESS
PERMISSION OF ALL PARTIES TO THE POST AND THE LIST MANAGEMENT IS EXPRESSLY
FORBIDDEN, AND IS A VIOLATION OF LAW. VIOLATORS OF THIS PROHIBITION WILL BE
PROSECUTED.
For assistance, please contact the List Management at admin@xxxxxxxxxxx
VISIT OUR WEBSITE - http://showgsd.org
NATIONAL BLOG - http://gsdnational.blogspot.com/
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