Quote:
Originally Posted by KRAZYPSI
That's not bad advice there K&N but you will have to forgive me if it rings a bit hollow coming from a legal genius who doesn't seem to know libel requires falsehood. I'm not reading this like Torque is announcing a lawsuit more like he just wants to clear the air. I find it strange that you would be as concerned about his revelations as your thinly disguised attempt to discourage his disclosure would seem to indicate. Very interesting to say the least.
I know Barry to be a man of truth and honesty and would be happy to fund the defense of any attempt to silence him. Counter suits for malicious prosecution can be a bitch too and make one feel very lonely indeed if you get what I mean. I'm devoting some of my time these days to philanthropic efforts that involve the defense of truth and justice and see this issue as a potential candidate.
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You can't just say you're telling the truth and the court clerk refuses to file the plaintiff's case. It doesn't work that way. It has to be demonstrated. Even if a person is spreading the truth the damaged party can sue, then it's his word against yours. I seriously doubt Barry and Heff had a contract in writing. If they did, Barry would have sued when the contract was breeched.
Now, if Barry is hoping to get sued so that he can file a countersuit and recover damages on a contract issue that's too old to file on, imo he is being reckless.
If Barry has your financial backing that's great, but he should get it in writing before proceeding. Your act of paying for Barry's defense and emboldening him could also be used to demonstrate that he is acting at your behest and could reduce Barry's credibility by being seen as a participant in a conspiracy.
Hell, maybe Heff won't even care enough to to take action. Slander and libel cases are difficult to win. But there is the possibility he will do it as retaliation, and it will cost Barry tons of money and lost sleep. Barry has to consider this.
Also, by Barry posting on the internet an intent to do harm will be established. And Heff wouldn't have to pay for depositions from witnesses to establish what Barry said. It'll all be here on the Alley. I could see this as being relatively inexpensive for Heff to pursue, if he wants.