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UVA and the alleged frat rape - Rolling Stone backpedals

Discussion in 'Sports and News' started by Big Circus, Nov 19, 2014.

  1. jr/shotglass

    jr/shotglass Well-Known Member

    I was interested by the part where Indiana State welcomed the player in question into their program (for a while).
     
  2. franticscribe

    franticscribe Well-Known Member

    Yeah, that was interesting. It didn't really come close to answering how that happened though.
     
  3. The Big Ragu

    The Big Ragu Moderator Staff Member

    It's a defamation suit. The standard, putting it in the most simple terms, is "reckless disregard for the truth."

    I am sure she is represented, and they know something I probably don't about the law (and the mess the court they are in has probably made of the law). ... but I can't see how you are helping yourself, if you say, "It wasn't a mistake to rely on someone who was so emotionally fragile. ... It was a mistake to rely on someone whose intent was to deceive me."

    In a defamation case, even if you reported something false, you can get off just fine if you demonstrate that you made good faith efforts to independently corroborate what you were reporting. You need to show that you reported the hell out of it, contacted lots of independent sources who could shed light on it, made very good faith efforts to verify every fact independently. ... and yet still somehow got it wrong.

    It's not good enough to say that you made a huge mistake relying on someone whose intent was to deceive you. That is the exact point in a defamation or libel suit. It's your responsibility to NOT rely on just one person's account, and when it comes to charges that explosive, you have even more responsibility to cover your tracks.

    I am not saying anything others haven't said on this thread. But it just seems to me that is a horrible thing to say at your defamation trial. It reads to me like you are essentially admitting your liability.
     
    sgreenwell and Vombatus like this.
  4. http://nypost.com/2016/10/28/rolling-stone-publisher-apologizes-to-embattled-uva-dean/


     
  5. LongTimeListener

    LongTimeListener Well-Known Member

  6. doctorquant

    doctorquant Well-Known Member

    “This young woman was very good at telling this story,” [Rolling Stone's attorney] said. “Dean Eramo believed her. . . .Yet we are the ones being tried, in a sense, for having believed her.”

    Ooof. Your client's not on the dock for having believed her. Your client's on the dock for not much giving a shit whether she should be believed or not.
     
  7. YankeeFan

    YankeeFan Well-Known Member

  8. YankeeFan

    YankeeFan Well-Known Member

  9. franticscribe

    franticscribe Well-Known Member

    The finding of actual malice not only allows the verdict, but it also opens the door for the jury to find punitive damages. The size of this judgment could get really ugly.
     
  10. YankeeFan

    YankeeFan Well-Known Member

  11. FileNotFound

    FileNotFound Well-Known Member

    Not that anybody'll ever collect, given that Ms. Erdely is likely headed to the permanently unemployed list.
     
  12. Vombatus

    Vombatus Well-Known Member

    I've been wondering about this. When you get a massive judgement against you, I guess you are allowed to have some money for subsistence - food, clothing, shelter, nothing extravagant, but you probably are not likely to be headed to Disneyworld.

    ???
     
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