To: David Wise who wrote (8189 ) 8/29/1998 12:55:00 PM From: Mama Bear Respond to
David, I believe that you would have to prove that craig's statements were the direct cause of Osicom's fall, and that the market environment, and management incompetence had nothing to do with it. You will have to prove not only that craig's statements were false (good luck), but that they were maliciously false, because Osicom is a public figure. You will not be able to recover any punitive damages, because of the Constitutional issue. You will be required to prove how much of your loss is directly attributable to craig's posts. Yes, you can recover compensatory damages for libelous statements, but your standard that they simply be "intentionally injurious" is incorrect. It is not libel for me to point out that an embezzler is an embezzler, even if my intent is to cost him his job as an accountant and to "injure" him financially. The truth is always an absolute defense in a libel case. The fact that I state the truth with the intent to injure is irrelevant. Perhaps you are just confused about the Constitution and the law, or so blind to the facts that you can't see that the reason you have lost money in Osicom is because of management, with the fact that small caps are in a bear market a contributing factor..Message 5598698 Message 5543485
