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Sterling Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 07:38 AM
Original message
Is there a wrongful death or defamation suit action pending
Against the people who publicly denounced Andy as a liar about his illness? I hope there is a good lawyer here who is looking into this.

Given that some person went to the trouble of creating a public website it seems pretty obvious to me that their is cause for action here. Maybe I am wrong?
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Mizmoon Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 07:45 AM
Response to Original message
1. I'm no lawyer but I think he became a "public figure"
when he publicly asked for donations.
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tavalon Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 07:47 AM
Response to Reply #1
3. No sfexpat became a public figure
when she asked for donations. He didn't ask. He stayed out of the whole thing. Even so, I think that Beth could probably still manage to nail them to the wall for libel.
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Kelvin Mace Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 02:33 PM
Response to Reply #3
17. Actually
asking for donations does NOT make you a public figure. Appearing briefly in the news does not make you a public figure. You have to basicly trade on your name and likeness to become a public figure.
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Eloriel Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 02:44 PM
Response to Reply #17
20. Like running for office?
I want this pursued too, but ya'll have reminded me that it may be a difficult case.

But pursuing it sure could put the fear of the Lord in a few people.
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Kelvin Mace Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 02:53 PM
Response to Reply #20
21. Andy may qualify
but the people who were helping raise money for Andy do not. According to three attorney's I spoke to, I don't qualify.
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tavalon Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 06:01 PM
Response to Reply #17
22. I'm actually glad of that
Because I think she has as much right to a libel suit as Andy. Hell, in a more perfect world, his family would have rights to a wrongful death suit. In a most perfect world, Andy wouldn't be dead and we wouldn't be talking about this. :-(
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sweetheart Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 08:28 AM
Response to Reply #1
7. I think his posts on DU during the period show that
He "came out" with his illness publically, under his real name, and
though he did not run the contribution effort, he was discussing and
interacting throughout.

I was concerned about this, and expressed it in so many words to andy
on the public forum, and in private emails. Once you're a public
figure, they can rip you to shreds and there's little protection under
american liabel law.

I really think you guys should leave this to the realm of sorcery and
simply send the wankers some flowers with a "sorry for what's gonna
happen to you" card.

With all the money and hastle of a lawsuit, we could push for
physical balloting records, and between punishing some dirtbags,
and getting physical ballots, i honestly believe andy would rather
spend all the energy on the former.

There will always be dirtbags. If you think you've killed the last
cockroach, you're wrong. There are infinite cockroaches to step on, no matter how gratifying the "skcrunch".
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Sterling Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 02:16 PM
Response to Reply #7
8. I think this is different.
Edited on Sat Jul-09-05 02:17 PM by Sterling
These people were actively working to prevent him from raising the money needed to save his life.

I know an attorney that may take this case. If anyone is interested in assisting in this matter please either PM meor start a thread and we can get something going.

Saying someone is lying about dying and interfering with their right to seek treatment is more than just a libel suit.
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merh Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 02:23 PM
Response to Reply #8
11. pmail Beth or Will
They may be interested.

:hi:

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demodonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 02:25 PM
Response to Reply #11
12. Or goodboy. (eom)
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merh Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 02:31 PM
Response to Reply #12
14. Yes, or goodboy!
:hi:

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in_cog_ni_to Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 02:19 PM
Response to Reply #1
9. WRONG. He never asked for donations for
his surgery. Nice try though.
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Cats Against Frist Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 02:32 PM
Response to Reply #1
16. You're not lying, nor are you mistaken
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=3165720&mesg_id=3165720

I'm sorry, but I'm not going to be a kind recipient of the "F" word, by people who are lying.
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tavalon Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 07:46 AM
Response to Original message
2. I'm not in the loop here
but I certainly hope so. Given that they kept Paypal from delivering the necessary funds for the surgery and given that there was a time delay because of that, there is certainly cause.
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Eric J in MN Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 08:06 AM
Response to Reply #2
5. My understanding was that Andy gave the hospital the money
but there was a mixup in processing it, not that he didn't have enoouh money.
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greatauntoftriplets Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 07:49 AM
Response to Original message
4. After Bev Harris posted her first attacks on Andy at BBV.org....
I advised him that he had ground for a libel suit and to talk to a lawyer. He did, but the damn vulture wanted a handsome retainer upfront to even consider the case...money that Andy didn't have.

Right now, I don't know if the family is planning any action. They are coping with a lot right now.
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In_The_Wind Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 08:21 AM
Response to Reply #4
6. ~
(((((((((:hug:)))))))))
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Sterling Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 02:21 PM
Response to Original message
10. I am talking with a great lawyer right now.
I think there may be a case here.
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Pallas180 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 02:32 PM
Response to Reply #10
15. I'm sorry. I didnt even know Andy was sick - and who was it
who attacked him - I remember vaguely something about his breaking off from Bev Harris - was the left or the right attacking him?

And please, what was his illness and what operation was prevented?

Sorry to be so dumb, but since the fixed election, which I worked very hard for, I haven't wanted to or followed political stuff until now.

Will someone please clue me in?
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Kelvin Mace Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 02:35 PM
Response to Reply #15
18. Here you go:
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Sterling Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 02:27 PM
Response to Original message
13. IF anyone knows how to reach Andy's family....
Please let me know. I have a lawyer who will consult with them for free on this subject. He may not be the right lawyer to take the case but he could help initiate it.

The person with the website owes Andy's family a lot of money.
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Yellow Horse Donating Member (462 posts) Send PM | Profile | Ignore Sat Jul-09-05 02:40 PM
Response to Reply #13
19. It's not just Andy's suit. Other people were personally defamed & stalked.
His family may not want to pursue this, but others who were damaged themselves might.

Good suggestion to contact those people mentioned upthread.
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