yes they can and this is where the real kind of tort reform is
needed. Not to protect corporations, hospitals, doctors and insurers
from being sued (or reducing what can be won in such suits), but
making those who sue anyone at anytime responsible for the costs of
the other party when they lose automatically (as opposed to having to
come back suing for costs & possibly losing after the original case
has been resolved). That would end the type of frivolous lawsuit by
that asshole lawyer
by the way.. if you look at the comments on the article, you will see
someone who left a comment (that has been deleted) by the moniker "eccentrk"
I have no doubt that is MoPo's own, the lovely Andrea who lives in Florida
Rich
At 02:55 PM 4/12/2010, JOHN REID Vintage Movie Memorabilia wrote:
I agree with you. However, if a seller who has the inclination, time
and money, wants to take legal action over negative feedback they
can make it very difficult and costly for the buyer irrespective of
who is in the right.
Website: <http://www.moviemem.com>www.moviemem.com
JOHN REID VINTAGE MOVIE MEMORABILIA
PO Box 92
Palm Beach
Qld 4221
Australia
----- Original Message -----
From: <mailto:sa...@comic-art.com>Richard Halegua Comic Art
To: <mailto:johnr...@moviemem.com>JOHN REID Vintage Movie
Memorabilia ;
<mailto:MoPo-L@LISTSERV.AMERICAN.EDU>MoPo-L@LISTSERV.AMERICAN.EDU
Sent: Tuesday, April 13, 2010 7:44 AM
Subject: Re: [MOPO] Florida man sued for $15k over negative eBay remark
true John
but I really don't think myself that "Bad seller; he has the ethics
of a used car salesman." really goes past the line.. if so, ebay
would have removed it
I think it's clear the seller is a moron just by looking at the way
he handles ebay anyhow (I accept feedback, not important enough for
me to leave feedback) and the # of negs he has a seller..
At 01:57 PM 4/12/2010, JOHN REID Vintage Movie Memorabilia wrote:
Very interesting. This is not the first time this has happened.
eBay warns buyers to be factual and not use emotive language when
leaving feedback and there is a good reason for that. There have
been many times when buyers have left themselves open to law suits
by going over the top with their negative comments.
Website: <http://www.moviemem.com>www.moviemem.com
JOHN REID VINTAGE MOVIE MEMORABILIA
PO Box 92
Palm Beach
Qld 4221
Australia
----- Original Message -----
From: <mailto:brucehershen...@gmail.com>Bruce Hershenson
To: <mailto:MoPo-L@LISTSERV.AMERICAN.EDU>MoPo-L@LISTSERV.AMERICAN.EDU
Sent: Monday, April 12, 2010 8:30 PM
Subject: [MOPO] Florida man sued for $15k over negative eBay remark
Fla. man sued for $15k over negative eBay remark
The Associated Press
CAPE CANAVERAL, Fla. -- Can posting your opinion on eBay cost you
in real life?
So far Michael Steadman has spent $7,000 for his, and he isn't yet
done defending himself in a $15,000 defamation lawsuit brought by
the man who sold him a reportedly defective time clock.
Steadman bought the clock for $44 in 2008, and said it arrived in
three pieces that didn't fit together or even seem to be the same
model. He got a refund through PayPal's buyer protection plan and
sent the merchandise back, but wanted other potential buyers to beware.
So on the profile of emiller1313, he wrote: "Bad seller; he has the
ethics of a used car salesman."
Steadman thought that was the end of it until a process server
arrived with a court summons.
It turned out that emiller1313 was a Miami Beach lawyer, and he
wanted damages for ruining his 100 percent customer approval rating
and "commercial reputation."
"The laws don't work for us. Because I don't have the money to
fight them, I'm losing," Steadman said. "It's not right. I'm speechless."
Steadman recently lost his lawyer in the Miami-Dade County Court
case because he ran out of funds.
Seller Elliot Miller said in the lawsuit the time clock was
"plainly offered for sale with the following language: 'we can not
give you any guarantees and must offer it on an as-is, where-is basis only.'"
Steadman said he joined eBay about six months earlier hoping to
find bargains for his new welding shop. He thought he lucked out on
the time clock, which he said Miller advertised as tested and proven to work.
Now, he says, "I warn everyone that goes online not to leave feedback."
Read more:
<http://www.miamiherald.com/2010/04/11/1574322/fla-man-sued-for-15k-over-negative.html#ixzz0ksez4H4E>http://www.miamiherald.com/2010/04/11/1574322/fla-man-sued-for-15k-over-negative.html#ixzz0ksez4H4E
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