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To: John Sladek who wrote (2557)5/19/1999 11:44:00 PM
From: The Philosopher  Respond to of 3795
 
If she is never served but BW goes ahead with the suit against Jeff and Bill, would this weaken BW's case in any way?

Not unless Jeff and Bill can persuade a court to dismiss the case sinc she is a necessary party. Which they probably can't. The best they could do if they are found guilty (not likely IMO from what I have seen so far) is try to get some or all of the fault placed with her to reduce their damages.

If she isn't served, could she claim that she has been libeled by BW?

I seriously doubt it. Indeed, if I were she I wouldn't try because she would then have to sue them, and they could turn around and countersue her on the original suit, since she would then be before the court without their having to serve her.