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Pastimes : Investment Chat Board Lawsuits

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To: Janice Shell who wrote (6052)5/27/2004 2:20:26 PM
From: rrufff   of 12465
 
Thanks for your post. I did not realize that homeowner's insurance would cover the legal costs. I'm pleased to see that this type of litigation is dying.

What you post makes much sense. Suing ex-employees for violations of covenants or for disclosing confidential information pre-dates message boards. Suing bashers for opinions makes no sense. The only exception I could see would be suing someone who claims to have facts about fraud, or something bankruptcy, etc., as opposed to someone who states an opinion. If something is reasonably an opinion or whether it is a material mistatement of a fact would normally be pretty easy to determine.

Under most litigation rules, claims for fraud and the like need to be very specific and usually the burden is higher on a plaintiff than in typical litigation.

Also interesting is how message boards handle subpoenas. Even in real life, attorneys often abuse this process. An official looking piece of paper seems to have a lot of "scare power."
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