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Pastimes : Investment Chat Board Lawsuits

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To: Janice Shell who wrote (4786)	6/24/2003 8:01:54 PM
From: EL KABONG!!!	Read Replies (1) of 12465

Janice, In regards to your example with Mr. Dobry, the traditional test for "malice" is twofold. Either Mr. Dobry must have known the truth, and wrote or published otherwise (falsely) (as plaintiff, you must be able to irrefutably prove he knew otherwise); or Mr. Dobry must have acted with reckless disregard for the truth (and again, you must be able to irrefutably prove that he had access to, or otherwise knew, that whatever the actual truth was). It's a very tough legal standard to meet, only rarely successful that I know of. Only my opinion though, and I'm not an attorney like Chris or Charles... KJC

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