Former model Tamara Green... sued Cosby for defamation yesterday in the U.S. District Court in Springfield....
“It’s an innovative legal method to do this, and it’s perfectly proper under defamation law,” said Terry Gross, a defamation attorney not involved in the suit. “The fact that Cosby said she was lying gave her an opportunity to bring a suit that would normally be barred.”...
Cosby, of course, could turn around and countersue Green for defamation. But... “If Cosby was to bring a defamation suit against this woman, it would open him up to discovery about any other instance where it was alleged that he was involved in sexual abuse,” Gross said.
December 13, 2014
How to sue Bill Cosby long after the statute of limitations has barred your claim for sexual assault.
Have him call you a liar for accusing him of sexual assault.
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42 comments:
I thought this was Gloria Allred's tactic? It was a week or so ago.
"I thought this was Gloria Allred's tactic? It was a week or so ago."
No. What I'm seeing (from 10 days ago) is "Gloria Allred Suggests Bill Cosby Waive Statute Of Limitations As Two More Women Step Forward."
Ms. Allred asked publicly that Cosby waive the statutes of limitations, to allow civil suits and possibly criminal cases to be started up at this late date for his doubleplus ungood alleged behavior.
Why she didn't just ask him to meet up with the remaining few KKK members in the US for a public castration followed by a noose around his neck for the lynching, can only be explained by this being a political and economic exercise, where his combination of un-PC public statements is happily matched with his very deep pockets and apparent history of acting much like every other celebrity male from 1950 onward.
Anyone have a link to one of the comments Cosby made publicly calling her a liar?
I think William Shatner more cleverly defeated this tactic. Very Kirk-like.
When accused he responded something to the effect "Well, I don't remember it that way, but I would never, EVER ... argue with a lady."
So he denies it, and asserts a distracting virtue unrelated to the vice at issue.
We need to determine the Robert Culpability.
I am Laslo.
This seems ridiculous. I accuse you of kidnapping and eating little children, you call me a liar, and I can sue you?
No. What I'm seeing (from 10 days ago) is "Gloria Allred Suggests Bill Cosby Waive Statute Of Limitations As Two More Women Step Forward."
Fair enough. It was probably KFI radio's legal expert reading between the lines because I did hear that tactic mentioned right after the news conference. That's why it's not news to me now.
I googled what crime was william shatner accused of.
"It was probably KFI radio's legal expert reading between the lines because I did hear that tactic mentioned right after the news conference."
Well, the defamation lawsuit is apparently exactly what Allred FAILED to think of. She came out with the lame-ass idea that Cosby should agree to be sued. It irks me to see her get credit for this legal theory. If you're going to switch to crediting some unnamed legal expert... whatever. I'm sure many lawyers could have thought of this idea... which is what makes it lame of Allred to have come up with her idea. Do not give Allred undeserved credit. That's just basic.
Would such abusers of our laws be subject to perjury charges if they do not "make their case"? Are there any DAs/States-attorneys with the courage to do so?
Women have a strong herd instinct.
I hear that the CDC is looking to hire some lawyers to assist in medical experiments.
There are some things lab rats just won't do.
Does Allred ever go to trial or does she just swoop in during the early stages of a controversy to get her face in the media?
Franklin said...
Anyone have a link to one of the comments Cosby made publicly calling her a liar?
Apparently he didn't - maybe that's why his statement is missing from the editorials:
Her lawyer Joseph Cammarata claimed Cosby damaged her reputation when his representative "publicly branded" her a "liar."
I am just stunned at the lack of media investigation with the Cosby affair. I mean it is so elementary;
- Find people who were supplying Cosby with the drugs. The incidents were going from late 1960s to early 2000s. Right? I mean there has to be someone who remembers Cosby paying for the drugs.
- Find people who worked for Cosby in his mansions, hotels in vegas, etc. There must be someone who remembers Cosby inviting these fine women for private dinners, etc.
Just follow the source (aka follow the money).
Find the supplier or or the staff and Cosby is in jail for rest of his life.
So, elementary, yet our press is just so lazy. Why? They are all cheerleading Obama and Clinton. What lazy bums.
Franklin @9:03:
I wondered the same thing and searched for it, and all I found was on ABC news where it says, "Her lawyer Joseph Cammarata claimed Cosby damaged her reputation when his representative 'publicly branded' her a 'liar.' Later in the article it says, "When Green came forward again in February of this year, Cosby’s publicist issued a statement to Newsweek magazine saying, 'This is a 10-year-old, discredited accusation that proved to be nothing at the time, and is still nothing.' It doesn't say whether that is the defamatory statement, but the article implies that it is. If so, it's pretty weak. It's not the same thing as calling someone a "liar," or saying that they're "lying." Maybe they have a different denial they're working off of, and either way it must be in the complaint.
Choice of forum is interesting too. She lives in California, as does Cosby, I assume.
Althouse called me a fool in the Matt Taylor threads (wrongly, I might add). Can I sue for defamation?
Cosby, of course, could turn around and counter sue Green for defamation. But... “If Cosby was to bring a defamation suit against this woman, it would open him up to discovery about any other instance where it was alleged that he was involved in sexual abuse,” Gross said.
Isn't Cosby open to that kind of discovery in her defamation suit anyway? Plus, as a public figure, Cosby would have to prove actual malice to win a defamation claim against his accuser.
Similarly, in defending the original claim, Cosby will also want to convince a judge that his accuser is at least a public figure, even on a limited or "involuntary" basis.
But Glen Beck just had a problem with doing that in federal court in Massachusetts...
In a ruling Tuesday, U.S. District Court Judge Patti Saris said the suit brought by Abdulrahman Alharbi could go forward notwithstanding claims by Beck, his website The Blaze.com, and firms connected to his radio show that the Saudi's role in events near the finish line of the [Boston] marathon made him a public figure. If deemed a public figure, Alharbi would have found it difficult or impossible to proceed with the suit since he would need proof of actual malice: namely, that Beck intentionally lied or recklessly disregarded the truth.
Alharbi was briefly investigated in connection with the bombing, and a variety of media outlets reported on that inquiry. But Saris said that was not sufficient to render the student, who also incurred minor injuries at the finish line, a public figure.
"Choosing to attend a sporting event as one of thousands of spectators is not the kind of conduct that a reasonable person would expect to result in publicity. Quite to the contrary, a spectator at an event like the Boston Marathon would reasonably expect to disappear into the throngs of others, never attracting notice by the press. Because he did not 'assume the risk of publicity,' Alharbi does not meet the definition of an involuntary public figure," the judge wrote.
Here's the lawsuit (scanned, unfortunately):
http://www.wggb.com/wp-content/uploads/2014/12/Cosby-suit1.pdf
They should be suing David Brokaw, if anyone.
Claims she was drugged.
http://www.dailymail.co.uk/femail/article-1225854/Are-date-rape-spiked-drinks-urban-myth.html
++
A toxicology expert from the Forensic Science Service, which analyses evidence for the police, told the Mail he had come across only one sample of blood or urine containing Rohypnol - the most commonly talked about 'date-rape' drug - in the past decade.
...
A controversial study, published last week, claimed drink spiking is an 'urban myth', a modern scapegoat for a generation of women who cannot face the fact that the vast amounts of alcohol many are imbibing could be in any way responsible for a loss of control, which can have devastating consequences.
++
Tiger Woods' accusers can't all be true; after all, we know he took some time out to play golf too.
"Isn't Cosby open to that kind of discovery in her defamation suit anyway?"
Yes, I think so. You're using other acts not just to show a propensity to behave a particular way, but to show a pattern of behavior or modus operandi. Rule 404.
"Plus, as a public figure, Cosby would have to prove actual malice to win a defamation claim against his accuser."
I think that would be easy to prove if you think the woman is lying, because actual malice is "knowledge that the information was false" or "with reckless disregard of whether it was false or not." If she's lying, she has knowledge that it was false. She's talking about her own personal experience, so it's not like the situation where you are writing about a celebrity and maybe not checking out all the facts enough.
"Althouse called me a fool in the Matt Taylor threads (wrongly, I might add). Can I sue for defamation?"
I'll bet I did not literally write "you are a fool." I never call anyone a fool, because I've read the Bible: "whoever says, ‘You fool!’ will be liable to the hell of fire."
Anyway, it's opinion.
Allred once again demonstrates she is just a hack and one that ought to be disbarred for bringing the profession into disrepute.
As for this suit, looks too clever-by-half. For her to prove she was defamed she would have to produce convincing evidence that she was indeed assaulted. Cosby gets to conduct discovery on her as well and to depose the presumed witnesses. As for her deposing Cosby that might not be as easy as people might think as the plaintiff's generally don't get fishing licenses but the discovery has to be predicated on the material presented in the complaint.
I see the suit as a publicity stunt to get him to settle quickly for a 'reasonable' undisclosed sum of money and no admission of guilt.
Maybe he is guilty of this particular allegation, maybe of all of them but so far none of these woman have actually demonstrated any convincing evidence of their allegations.
" I never call anyone a fool, because I've read the Bible: "whoever says, ‘You fool!’ will be liable to the hell of fire."
Oh, oh. Ignorance of the law is no excuse. I hope the same is not true of the Bible.
Original Mike said...
Oh, oh. Ignorance of the law is no excuse. I hope the same is not true of the Bible.
Don't worry, if you end up in Heck, God will be there too*:
“But God said to him, ‘You fool! This very night your life will be demanded from you. Then who will get what you have prepared for yourself?’"
*Except God can probably hire better lawyers.
Luke 12:20. Thanks, Fernandinande. That may come in handy.
"Anyway, it's opinion."
You did it again.
The Cosby story, as I expected, is acquiring Rolling Stone aspects of reliability.
Gloria is always a "tell." When she shows up, you can assume liars are present.
I can sue Bill Cosby because of things a third party said? Neat-o. I look forward to the Rule 11 discussion.
"Except God can hire better layers." Right, like he's gonna find a lawyer in heaven
Jimmy Saville apparently had a long, successful career and got to rape hundreds of children. There's not much justice in this world. Bill Cosby has suffered a loss of reputation, but for all intents and purposes he got away with it......If you're into predatory sex offenses, my advice is to become beloved by the left. It works even better than taking Holy Orders. Cosby's mistake was not in drugging and raping women, but in criticizing the fashion choices of black adolescents. You can do that and be a successful rapist.
Michael K said...
The Cosby story, as I expected, is acquiring Rolling Stone aspects of reliability.
I would be amazed if it were anything beyond a bunch of sleazoids and/or crazy chicks looking for money and/or whatever crazy chicks want.
Ah....that article:
++
The court found that Green “has a mental health problem, and the court found that there is sufficient evidence of a nexus between that mental health issue and respondent’s misconduct in this proceeding.
Green also failed to disburse a $20,000 medical settlement to a client and instead pocketed the settlement for herself. ”
++
Bingo. Crazy AND sleazy.
I am amazed at all the people here who believe Cosby did not drug all these women. When i read the UVA story in Rolling Stone, I realized within a few minutes that it was utter bullshit. And when I read the women talking about Cosby, I realized they are all telling the same story, and have been for years. And yet, Cosby went right on sending e-mails to attractive young women and arranging to be alone with them. Do you think his lawyers never told him that was a bad idea? He thought he was immune, is what he thought.
Because he did not 'assume the risk of publicity,' Alharbi does not meet the definition of an involuntary public figure," the judge wrote.
Wait, because he didn't voluntarily do something to attract attention, that means he also didn't involuntarily do so?
"Right, like he's gonna find a lawyer in heaven"
He can just make one.
Wait. That's the other guy.
"Like [God] is going to find a lawyer in Heaven." This is a serious concern of mine, as a lawyer. Not that I don't think a lawyer can go to Heaven -- Jesus promised the murderer who was crucified with him that they would be together in Paradise, and I think that same possibility would be open to the murderer's lawyer. No, what I worry about is what I could do in Heaven. Surely there's no need for lawyers in Heaven, nor for doctors, journalists, engineers, tailors, auto mechanics, etc. So far as I can tell, the principal activities in Heaven will be gardening (based on Genesis) and singing (based on Revelation). I hope there's OJT.
"And when I read the women talking about Cosby, I realized they are all telling the same story, and have been for years"
Have you checked the dates ? I think there were a lot of hangers-on and some of those women Allred is parading out were prostitutes.
Amazing that all the stories are the same, now.
I would not put it past a big star sampling the wares that were probably paraded in front of him but the story sounds embellished.
I am getting a bad case of outrage fatigue.
Oddly, I read that as "Bill Clinton" rather than "Bill Cosby."
It is not unprecedented to nail someone for lying about his crimes when the statute of limitations prevents you from getting him on the crimes he is lying about. That's how the Feds got Alger Hiss: if he had admitted to espionage, they couldn't have touched him, but he denied it under oath.
"Don't worry, if you end up in Heck, God will be there too"
God's already been there.
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