Does he or doesn't he?

[bamamonty]

With current lawsuit filed by the Smiths. How far can others be behind? Let's see theirs Shaun Alexander who has a legitamate grounds for a lawsuit. There are probably others who will do the same. Maybe even Paul Bryant Jr., because his fathers name was soiled. Before this is all over with, Phat Phil will probably have enough on the job training to become an attorney himself!

Odds are he'll bing seeing alot of courthouses in Alabama......Monty

 

[TENNTIDE1]

Actually, That would be rather funny. Can you imagine him having to defend himself against suits filed by The Smiths, Alexander, Young if aquited and the Coach he accused of having the affair with Mrs Smith.

If that happened, I don't think Fulmer would be having as much fun as he had a few years ago when he was snitching with lies. Of course, he would say he was only passing along information that he was told by others.

Does that make it anymore right?

 

[uaintn]

TennTide,

I suppose that question was rhetorical, but just in case it wasn't, the answer is no, from a legal perspective repeating a defamatory statement creates the same liability if you were the one who originated the lie. There's a bit of an exception if you run or use a news service like AP or Reuters, but....

I think ol' Phatimus Maximus may have stepped in the poop this time. If he said what those notes say he did, and it isn't true (and I don't believe it is for a minute) he's going to face a really interesting jury argument. My bet is he pays them off. I think there was some question whether they could get him to say much in a deposition in the Cottrell action. This will open the door to a lot more stuff. And if they find it out under oath in this lawsuit, it could be fair game in Cottrell.

This is setting up very nicely for Delaine and Mr. Gallion.

 

[W. Tidehill]

POSTED BY Monty {Odds are he'll bing seeing alot of courthouses in Alabama......Monty}
From the hints Jim Neal has been dropping, I have a hunch He's probably more worried about that courthouse in Memphis right at this particular time.
Boy I bet he wishes he could get this genie back in the bottle.

 

[Roll Bama]

<font face="Verdana, Arial" size="2">Originally posted by bamamonty:
With current lawsuit filed by the Smiths. How far can others be behind? Let's see theirs Shaun Alexander who has a legitamate grounds for a lawsuit. There are probably others who will do the same. Maybe even Paul Bryant Jr., because his fathers name was soiled. Before this is all over with, Phat Phil will probably have enough on the job training to become an attorney himself!

Odds are he'll bing seeing alot of courthouses in Alabama......Monty</font>

bamamonty --

I'm no attorney, but did sleep in a Holiday Inn Express last night ;-)

In English common law, from which most of our laws derive, I don't think a dead person can be libeled or slandered. It used to be different in Louisiana where the Napoleonic Code ruled. But even the Cajuns have adopted most of the modified Uniform Commercial Code, and that may have changed. Or not; I don't know.

In any event, to win a suit based on The Great Pumpkin's statements about Coach, Paul Bryant Jr. would have to prove damages. And I'd be surprised if derogatory statements about his deceased father would constitute damages in the state of Alabama.

Dang it.

 

[NashvilleTider]

Roll Bama you may not be an attorney... but

Just knowing what the UCC is, get's you points in my book.

 

[SCrammerjammer]

Who died?

 

[TIDE-HSV]

RB may not be an attorney, but he's correct. The correct term is "revival" - the revival of an action on behalf of a deceased person by the estate (through the Personal Representative). Some actions survive death and can be revived - wrongful death being the most obvious. Defamation cannot.