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Gold/Mining/Energy : Caussa Capital (formerly Antares) T.CAU
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To: marcos who wrote (4305)8/13/1998 9:37:00 AM
From: Ally  Read Replies (1) of 4718
 
Marcos,

I came across below which seems pertinent to the discussion here:

>TO ALL JOHN DOE'S
As a person that has been sued by a county commissioner / trash company employee, (we won both a summery disposition and appellate decision), I would like to put some light on the motives involved. I also give credit to the ACLU (Michigan) and their attorney.

1. The usual reason for these type of suits is to intimidate and silence not to get a judgment. Around 90% of these suits are dropped, dismissed or lost by the companies. (in USA anyway)

2. This method of intimidation has become so rampant that 12 states in the last 2 years have enacted laws to help protect people and 9 more states are in the process of doing the same.

3. These suits are commonly referred to as SLAPP suits ("Strategic Lawsuits Against Public Participation.")

4. Remember, if you are sued, the same court rules that gives a company a right for discovery also applies to them. They will be subject to 22 John Doe's going through their records and reports or anything that you think you may need for your defense. Discovery is very broad in a civil case compared to criminal. (ask O.J. about that)

5. By their actions they also leave themselves open to counter suits or claims (Malicious Prosecution, Abuse of Process,
Invasion of Privacy, Violation of Civil Rights and so forth.)

6. The above counter suits are becoming more and more successful, and are called SLAPPBack Suits.

7. For much more information go to the following website and please follow the links. Penelope Canan and George Pring of the Political Litigation Project, University of Denver, Colorado have done a outstanding job on this issue, and their book is very good. (SLAPPs: Getting Sued for Speaking Out) <

casp.net
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