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Strategies & Market Trends : Mr. Pink's Picks: selected event-driven value investments
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To: Bear Down who wrote (10000)6/24/1999 1:51:00 AM
From: R.E.B.  Read Replies (2) of 18998
 
Dear Bear Down: In my opinion the only federal question raised in your post is diversity of citizenship, yet you are seeking a common law remedy primarily available in state court.

The P.M.'s should be addressed with SI as they have an adequate remedy to resolve the problem. Put SI on notice that they are expected to enforce their "rules of engagement" commonly known as the term of usage when violations are brought to their attention. Otherwise, I'm afraid that as far as I know, the harassment statutes that apply to telephone calls via your Public Utility Commission have not yet been extended to P.M.'s on the internet Chat Rooms.

No the judge and the jury would not take kindly to such a threat. Save the post and print it out because you cannot get a post into evidence unless you can produce a copy. Start a file.

As for a case being frivilous, it is very hard to get this kind of remedy because most lawsuits have an underlying reason for being filed, especially in federal court, and the courts are reluctant to deny plaintiff's access to the courts because they don't have the best case. It is to your advantage to show that the suit has a motive beyond trying to stop the conduct complained of or to obtain compensation for damages. Most internet lawsuits that I have seen filed usually are preceded with a request to the person to cease making the remarks, retract or apologize for the mistatements. When the potential defendant refuses, this is how the Plaintiff justifies the lawsuit and avoids the "frivilious" label.

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