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RobertGT · #1 08-14-2012, 01:56 PM

Quote:

Originally Posted by cmcclelland

I am sure Nate probably retracted his post because "Tough Guy" Goldin most likely sent him a message threatening to have his lawyers contact him.

Just a little legal advice for everyone - any action for defamation, slander, etc. would require that someone INTENTIONALLY state something that they know to be FALSE about the other person thereby inuring the other person's reputation.

These elements would all cause problems for Mr. Goldin if he ever tried to pursue this type of action based on the statements I've read on this board so far. First, nothing I've read appears to be something that any reasonable person could think was intentionally stated when it was known to be false. Second, it would be tough to argue that Mr. Goldin's reputation has been injured by statements on this board since he has already done so much to injure his reputation himself based on his past actions and business practices. Just the youtube video alone is probably enough for a reasonable person to believe that Mr. Goldin's reputation was already at such a low level that nothing here could change that for the worse.

This only holds true if the defamed is deemed by the court to be a public figure. I'm not sure Mr. Goldin would be deemed to be a public figure known to the lay person outside of the hobby.

If the person is deemed not to be a public figure, you can be sued and lose just by publishing something false about that person.

However, the key point you made is valid. He would have to prove damages/loss of money based on that statement -- and that would be very tough.

npa589 · #2 08-14-2012, 04:23 PM

Well, my post gradually turned into everyone interpreting "seen" out of "heard". As you know, there is a marked difference between "seeing" and "hearing". I went back and altered posts to not even POSSIBLY imply that I saw Ken on aantv. I did not say that initially, since, in fact, I didn't.

I do not care enough to fight about this, really I don't, I simply have too much to worry about.

Also - just because I want to - it's being implied that I retracted posts because of him contacting me? Not sure how that arose... For a couple reasons this isn't true. 1. He hadn't contacted me. Also, I hadn't even retracted any post. I'm just clarifying some things because people have ran with this "seeing" him on AANtv thing. At this point, I'd rather focus on some other things. Peace!

David R · #3 08-14-2012, 08:16 PM

Quote:

Originally Posted by RobertGT

This only holds true if the defamed is deemed by the court to be a public figure. I'm not sure Mr. Goldin would be deemed to be a public figure known to the lay person outside of the hobby.

If the person is deemed not to be a public figure, you can be sued and lose just by publishing something false about that person.

However, the key point you made is valid. He would have to prove damages/loss of money based on that statement -- and that would be very tough.

The other problem with a defamation lawsuit is that "truth" is a defense so if you sue someone saying their statements about you are untrue, you open yourself up to a lot of discovery about the topics in question. In a situation like this one, that would probably mean a lot of close examination and digging into things in the past that Mr. Goldin would probably prefer to leave alone.

travrosty · #4 08-14-2012, 08:23 PM

sometimes the exposure of the suit is more embarrassing than the initial complaint and could possibly reach more people too. that is taken into account.

i was a night owl and many a times i watched those sah shows and it was time after time after time I kept shaking my head wondering how they could do that to people.

buy todd van poppel or brien taylor or whoever and they are going to be the next nolan ryan, and ryan's rookie sells for x and this is the chance of the lifetime. I think of it now and it gives me goosebumps how they could do that, it was nonstop hype over and above any type of balance, and there had to be people grabbing the phones time and time again wondering how sah could be so stupid to let these incredible cards go for such an incredibly low price because west and goldin said so.

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