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Biotech / Medical : Pluvia vs. Westergaard

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To: Pluvia who wrote (321)8/26/1997 10:39:00 PM
From: Cisco   of 1267
 
Steve,

Food for thought. Do with it what you will.

First, Mr. Westergaard states that in order to receive the reward you should "include name, work and home addresses, co-conisperators, names of hedge funds or other parties on whose behalf 'Pluria' is acting."

Next, Mr. Westergaard states that it is his purpose to "identify parties such as 'Steve Pluvia' engaged in circulating rumors, fradulent or intentionally misleading investment information or analsis for financial gain, competitive advantage or other purpose."

Mr. Westergaard then admitted that WIBM "will by definition have a fiduciary relationship with PLSIA.

Finally, Westergaard reports "In the case of Pluvia vs PLSIA, it does appear we have uncovered the 'smoking gun' and it's not a pretty picture!!!"

Note the following definitions from "Black Law Dictionary 6th Edition":

Conspiracy: "A combination or confederacy between two or more persons formed for the purose of committing, by their joint efforts, some unlawful or criminal act, or some act which is lawful in itself, but becomes unlawful when done by the concerted action of the conspirators, or for the purpose using criminal or unlawful means to the commission of an act not in itself unlawful."

Rumor: "A current story passing from one person to another without any known authority for the truth of it."

Fraudulent Misrepresentation: "A false statement as to material fact, made with intent that another rely thereon, which is believed by other party and on which he relies and by which he is induced to act and does act to his injury, and statement is fraudulent if speaker knows statement to be false or if it is made with utter disregard of its truth or falsity."

Invasion of Privacy: "The unwarranted appropriation or exploitation of one's personality, publicizing one's private affairs with which public has no legitmate concern, or wrongful intrusion into one's private activities, in such a manner as to cause mental suffering, shame or humiliation to person of ordinary sensibilities."

Defamation: "A communication is defamatory if it tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him. The meaning of a communication is that which the recipient correctly, or mistakenly but reasonably, understands that it was intended to express."

Libelous per se: "To render words 'libelous per se,' the words must be of such character that a presumption of law will arise therefrom that the plaintiff has been degraded in the estimation of his friends or of the public or has suffered some other loss either in his property, character, reputation, or business or in his domestic or social relations. When a publication is 'libelous per se', that is defamatory on its face, it is actionable per se; i.e. one need not prove that he received any injury as a result of the publication in order to recover damages, and in such a case general damages for loss of personal or business reputation are recoverable and no averments or proof of special damages are necessary"

In the book "The Rights of Authors, Artists, and Other Creative People" by Kenneth P. Norwick and Jerry Simon Chasen, the question is asked on page 158: "Must a person be named to sue for libel?" They answer, "No, but the plaintiff must prove that the alleged libel refers to her - in the words of the law, that the words are 'of and concerning' her."

Have you considered contacting the American Civil Liberties Union?

Cisco
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