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Pastimes : Investment Chat Board Lawsuits -- Ignore unavailable to you. Want to Upgrade?


To: SI Dave who wrote (7848)4/8/2005 11:48:53 AM
From: Jeffrey S. Mitchell  Read Replies (1) | Respond to of 12465
 
Yep, Lycos is taking the unusual step of legally challenging Zwebner's every attempt to abuse the legal system for the express purpose of claiming any sort of legal basis for forcing Lycos to comply with Zwebner's subpoenas.

Think about what Zwebner allegedly did: he sued a non Florida resident is a Florida court claiming they were posting under a bunch of aliases. First you have the problem of jurisdiction. Second you have the problem of serving the person, which he did (according to defense lawyers) illegally via the Florida Secretary of State. Third you have the problem that you are just alleging the aliases belong to the person you are suing. Why would anyone in their right mind voluntarily enter an appearance in a lawsuit in a state that has no jurisdiction over them for things they know they didn't write?

The end result is that you are suing no one. So, obviously, you win by default. Which means you are "awarded" whatever default judgment you can dream up. How convenient! Lycos obviously knows that anyone who is daft enough to use that strategy is crazy enough to apply it until forced to stop.

- Jeff



To: SI Dave who wrote (7848)4/8/2005 12:30:17 PM
From: Kevin Podsiadlik  Read Replies (1) | Respond to of 12465
 
Wow, I had seriously thought that the PR announcing that default judgement was some kind of put-on. I guess even judges aren't immune to confusing "tortuous" with "tortious", unless perhaps there was some copying and pasting involved in the wording of the ruling.