1st time BREEDER

[chachi]

Originally Posted by ladyjane

Yep! Some people use the sue word to try to stop people from talking. I guess in some cases it works. *shrug*

Thats exactly the purpose to bully people into not talking about them., If you really felt you had a case why threaten to sue just do it

[ladyjane]

Originally Posted by chachi

Thats exactly the purpose to bully people into not talking about them., If you really felt you had a case why threaten to sue just do it

So true!

[Sugar's Mom]

[url=http://www.ericdeters.com/index.php?option=com_content&view=article&id=73:an ti-trust-harassment&catid=42:cases-of-interest&Itemid=68the attorneys website.

More
Do you know what libel and slander is? This comes up all the time in voicemails and emails to me. From school, social gossip, the workplace and social networking, it’s becoming more and more relevant.

Libel is written defamation. Slander is oral defamation. Defamation is false facts expressed about another as the truth pertaining to their character.

If you call someone a pedophile and they aren’t, that’s defamation. If you express a general statement like, “Joe is creepy”, that’s not defamation.

You can call someone a general name and speak generally bad about someone, this is not defamation. [COLOR="red"] You can’t state as fact a falsehood about someone’s character.[/COLOR]An opinion, as opposed to stating something as fact sometimes can be a defense. The truth is a defense. If your neighbor is a pedophile and you tell the world, this is not defamation.

You have to prove damages. Did you lose a job for example? However, there are some slanders and libels the law considers so bad you don’t have to prove actual damages and you can receive what’s called punitive damages (money to punish.) Examples include a woman’s chastity or something which relates to your career.

Negligence in the libel or slander is enough unless you are a public figure. For a public figure, you have to prove malice too. Remember that famous Paul Newman and Sally Fields movie, “Absence of Malice”?

Repeating a libel or slander is libel or slander. You can’t claim you are merely repeating it.
I’ve filed a few personal lawsuits over this and plan to file more. I’m amazed how people believe they can say what they want and get away with it. The fact you write something anonymously on facebook or a blog site does not protect you. Cowards who hide behind fake names are a pet peeve of mine.

A person’s reputation is important. Don’t spread lies and falsehood about another. Besides being wrong, you may be sued.



(Eric Deters, nicknamed the Bulldog, is licensed in Kentucky, Ohio and Florida. He handles cases across the U.S. His website is ericdeters.com. He was voted the best lawyer in the tri-state by 15,000 City Beat voters. He also hosts a talk show on 700 WLW. He also blogs on 700 WLW.com Monday thru Friday.)

The problem I have is that a lot of what is posted is based on rumors. No one bothers to find out if it is true or not. We, as humans, just take it and run with it .usually started by someone that doesn't like you or the kind of person that will say anything about a breeder to build themselves and their dogs up while tearing down their competetion. Sometimes when you look at something, you know exactly where it came from. Well, have a good day ladies. I have a new dog,(makes me three females now) and I am off to bath her. we have some of the most interesting discussions on here. Thank you admin for removing some of the tags and hospefully this person will get the help she needs.

[Sugar's Mom]

Originally Posted by ladyjane

I would like to see the link to that. It must have been a website that had money OR insurance. No attorney is going to go after someone without assets. I see a lot of people threaten action but in most cases they just don't realize how hard it is to really do much. You have to prove loss of revenue...and there must be conclusive proof it was caused by the person being sued...AND there needs to be money involved...or no attorney is going to get involved on a contigency.

here is your link. it was 11 million instead of 5 like I said. no loss of revenue. just loss of reputation.

Teacher, Bengal Cheerleader Wins $11 Million Lawsuit - Cincinnati News Story - WLWT Cincinnati

[ladyjane]

Originally Posted by Sugar's Mom

here is your link. it was 11 million instead of 5 like I said. no loss of revenue. just loss of reputation.

Teacher, Bengal Cheerleader Wins $11 Million Lawsuit - Cincinnati News Story - WLWT Cincinnati

My guess is that the website must make a lot of money. This is like the Inquirer. Tons of people sue them! Same with this website. It says others sue them....so again, money talks.

Bottom line: you cannot get blood out of a stone. It is harder than people realize to get an attorney to file a lawsuit unless he/she knows there is money involved.

[chachi]

Originally Posted by ladyjane

My guess is that the website must make a lot of money. This is like the Inquirer. Tons of people sue them! Same with this website. It says others sue them....so again, money talks.

Bottom line: you cannot get blood out of a stone. It is harder than people realize to get an attorney to file a lawsuit unless he/she knows there is money involved.

My grandma always said you cant get blood out of a turnip lol

[ladyjane]

Originally Posted by chachi

My grandma always said you cant get blood out of a turnip lol

I don't like turnips and I sure as heck would not want one if it had blood in it.

[MollysMum54]

Originally Posted by nitt001

Hi all....

we have a female yorkie ( Maisey) shes a very small terrier with a big personality, 14 month old and had her first season quite a few month ago, and we think shell be ready for her second season soon.

shes fit and healthy in every way.

so, we want to breed her but since this is our first time as well as hers...... any advice people...... we will probably be getting a stud for now, and want to do things right.

any things we should get in/ready

does the dog stay here and if so how long do we have the dog and well tell me what you know would be easier ...

thanks

nitt

Hi nitt...you weren't natnatt in a fomer life were you?..you seem to think along similar lines!

[KYBLUE]

[COLOR="Red"]that will say anything about a breeder to build themselves and their dogs up while tearing down their competetion. Sometimes when you look at something, you know exactly where it came from.[/COLOR]

did you mean bathe?
I am no competition i havent bred and sold 40 dogs on yt !
i have taken a very nice older toothless female and beat others in the ring
An a female that has a slight undershot and i only took these females to build points for others not expecting to winI also obtained the other info from googling and yes there is more out there

[Rhetts_mama]

Originally Posted by Sugar's Mom

here is your link. it was 11 million instead of 5 like I said. no loss of revenue. just loss of reputation.

Teacher, Bengal Cheerleader Wins $11 Million Lawsuit - Cincinnati News Story - WLWT Cincinnati

You need to take a closer look at the article. The lawsuit wasn't won based on merit; it was due to the owner of the site not responding to the lawsuit. The judge had to file a default judgment based on the presumption that the allegations were true. The site operator said he did not respond to the lawsuit because he wasn't aware of it (How one misses being sued is beyond me, but that's what he said). The suit is currently under appeal and could potentially be thrown out because the plaintiff's lawyer made a clerical error and named the site as "The Dirt" instead of "The Dirty" (kind of a basic thing to check, wouldn't you think?)

Error Could Dismiss $11M Judgement Against TheDirty.com

Now, before I get jumped on, following isn't aimed at any particular thread or breeder, just a general observation.
What Are Defamation, Libel and Slander?


A false and defamatory statement concerning another;
The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
Damage to the plaintiff.
.
.
.
.

What Defenses Are Available To People Accused of Defamation?

The most important defense to an action for defamation is "truth", which is an absolute defense to an action for defamation.



Another defense to defamation actions is "privilege". For example, statements made by witnesses in court, arguments made in court by lawyers, statements by legislators on the floor of the legislature, or by judges while sitting on the bench, are ordinarily privileged, and cannot support a cause of action for defamation, no matter how false or outrageous.



A defense recognized in most jurisdictions is "opinion". If the person makes a statement of opinion as opposed to fact, the statement may not support a cause of action for defamation. Whether a statement is viewed as an expression of fact or opinion can depend upon context - that is, whether or not the person making the statement would be perceived by the community as being in a position to know whether or not it is true. If your employer calls you a pathological liar, it is far less likely to be regarded as opinion than if such a statement is made by somebody you just met. Some jurisdictions have eliminated the distinction between fact and opinion, and instead hold that any statement that suggests a factual basis can support a cause of action for defamation.



A defense similar to opinion is "fair comment on a matter of public interest". If the mayor of a town is involved in a corruption scandal, expressing the opinion that you believe the allegations are true is not likely to support a cause of action for defamation.



A defendant may also attempt to illustrate that the plaintiff had a poor reputation in the community, in order to diminish any claim for damages resulting from the defamatory statements.



A defendant who transmitted a message without awareness of its content may raise the defense of "innocent dissemination". For example, the post office is not liable for delivering a letter which has defamatory content, as it is not aware of the contents of the letter.



An uncommon defense is that the plaintiff consented to the dissemination of the statement.



Defamation, Libel and Slander Law
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So, when disgruntled buyer says "Breeder X sold me a dog that was sick on arrival with Giardia. When I contacted her to tell her, she was rude and told me blah, blah, blah..." it constitutes a statement of fact and an opinion (she was rude). If someone responds "Wow, her website would make me question her because A,B,C..." it's again an opinion and not defamation.


IMO, what some people don't realize, is that when they try to "defend" themselves on message boards is that they end up inadvertently proving at least some of the allegations true. If someone says "Breeder X was really rude and nasty when I tried to contact her about problem 123.." and Breeder X comes out swinging with "You just wanted a free puppy out of me blah, blah, blah.." they kind of DO make themselves look like a hot head and not at all professional. Now, I'm not saying that Breeder X wasn't right in saying that about the buyer, but they do come across as less than professional and someone you might not want to do business with. I think they do a good job of damaging their own reputations.

The publishing of emails is also at question. There's no implied privilege in emails between a buyer and a breeder. So when a breeder puts out some rather pointed responses to the buyer, they should assume that those emails will become public knowledge.

[Lisa and Pic]

Originally Posted by ladyjane

My guess is that the website must make a lot of money. This is like the Inquirer. Tons of people sue them! Same with this website. It says others sue them....so again, money talks.

Bottom line: you cannot get blood out of a stone. It is harder than people realize to get an attorney to file a lawsuit unless he/she knows there is money involved.

This is a very well known lawyer in Northern Kentucky. No comment.... (except to say that I think he takes on an occasional case such as this one, not for the money, but for other reasons and these cases usually make headlines in the media.)

[gemy]

Originally Posted by KYBLUE

[COLOR="Red"]that will say anything about a breeder to build themselves and their dogs up while tearing down their competetion. Sometimes when you look at something, you know exactly where it came from.[/COLOR][/COLOR]
[COLOR="Red[B][/COLOR]
[COLOR="Red[B]did you mean bathe?[/COLOR]
[COLOR="Red[B]I am no competition i havent bred and sold 40 dogs on yt ![/COLOR]
[COLOR="Red[B]i have taken a very nice older toothless female and beat others in the ring [/COLOR]
[COLOR="Red[B]An a female that has a slight undershot and i only took these females to build points for others not expecting to winI also obtained the other info from googling and yes there is more out there

Ky what did y mean here. The quotes seem to be kind of funky

[KYBLUE]

Originally Posted by gemy

Ky what did y mean here. The quotes seem to be kind of funky

Hey Gemy
sorry it came out messed up here it is again i hope it is more readable
how are you by the way hope you had a great christmas and new years




just take it and run with it .usually started by someone that doesn't like you or the kind of person that will say anything about a breeder to build themselves and their dogs up while tearing down their competition. Sometimes when you look at something, you know exactly where it came from



did you mean bathe?
I am no competition i haven't bred and sold 40 dogs on yt !
i have taken a very nice older toothless female and beat others in the ring
An a female that has a slight undershot and i only took these females to build points for others not expecting to win
I also obtained the other info from googling and yes there is more out there

[gemy]

thank you got it now

[Sugar's Mom]

When I said forty dogs, I made a mistake. i was counting number of pups over the years period. not sold on here. My mistake. Not one of them was named Scandal tho!!!!!!!! You just really need to leave me alone. The problem is between you and I and this is no place for it but I am telling you again to leave me alone.