Owner of car dealership labeled "Taliban Toyota" wins millions

Well, hes an idiotic and utterly ignorant worthless human being. But that doesnt mean he doesnt get to say what he wants to.

So you would have no problem with people going round your neighbouhood telling everyone you are a child molester then, after all its freedom of speech and they would be idiots but hey there is nothing wrong with it is there as people must be allowed to say what they want to.

[kiwi_2005]

Taliban Toyota

[CaptainMattJ.]

Originally Posted by Tribesman

So you would have no problem with people going round your neighbouhood telling everyone you are a child molester then, after all its freedom of speech and they would be idiots but hey there is nothing wrong with it is there as people must be allowed to say what they want to.

The KKK have been around for a century, and cant be arrested for anything involving their slanders. i have a very big problem with them, but i recognize that they are using their right of free speech. And id have a problem with that situation too. But we're talking about the law here. His claims were out of hand and illegal business slander. However i thought the amount rewarded was Quite high and a little over the top all things considering in the eyes of the law.

Different people in different social standings slander each other all the time. And i have a problem with all of it. But i dont think that such high rewards should be given to those who are on the receiving end.

[Buddahaid]

Originally Posted by CaptainMattJ.

The KKK have been around for a century, and cant be arrested for anything involving their slanders. i have a very big problem with them, but i recognize that they are using their right of free speech. And id have a problem with that situation too. But we're talking about the law here. His claims were out of hand and illegal business slander. However i thought the amount rewarded was Quite high and a little over the top all things considering in the eyes of the law.

Different people in different social standings slander each other all the time. And i have a problem with all of it. But i dont think that such high rewards should be given to those who are on the receiving end.

Just what business competitors are the KKK slandering? The damages are just and I don't think the slanderers are even a bit sorry about it. They most likely think they've been wronged instead.

[mookiemookie]

Originally Posted by CaptainMattJ.

But i dont think that such high rewards should be given to those who are on the receiving end.

But what did the slander cost the recipient in business lost? And what ensures that the offender doesn't do it again?

[CaptainMattJ.]

Originally Posted by mookiemookie

But what did the slander cost the recipient in business lost? And what ensures that the offender doesn't do it again?

The fact that he can and will get sued again for the same thing means he probably wont do it again. And the compensatory damages were 2.5 million, while he gets double that in punitive damages, totaling 7.5 million dollars.

And tribesman was commenting about something not exactly relating to business slander, about freedom of speech instead, which is why i replied with something that didnt exactly relate to business slander. I thought the damages were a bit over the top considering that this can happen to any business suing another, with the same if not more payouts in punitive damages with essentially the same kind of slander, getting paid large punitive damages that disproportionately overshadow the actually damages. The only problem i had is with this fact, not this case.

[Buddahaid]

How do you measure the actual damages? I'm guessing the slander will live on in peoples minds just like a lawyer will say something he knows will be objected to but will still plant the seed in the jurors minds.

[mookiemookie]

Originally Posted by CaptainMattJ.

getting paid large punitive damages that disproportionately overshadow the actually damages.

Well that's exactly the point of punitive damages. Punitive damages are not awarded in proportion to the actual injuries suffered in the case. They're awarded as an example to others who would engage in a similar activity as a deterrent to the egregious activity that brought about the original lawsuit.

[Platapus]

In my opinion punitive awards, which are a form of fine/punishment should not go to the person doing the suing but go to the state.

The purpose of a lawsuit is to repair the damages and try to make things as they were. Punitive judgments are intended to punish the offender and hence tend to be larger amounts. I see no reason why a person suing should collect monies above and beyond the damages.

It is for a cut of the much larger punitive judgments that motivates lawyers to push for suits. If the punitive judgment is treated like a fine (which it is) and goes to the states, the lawyer won't be able to add that to his cut.

That will bring down the number of lawsuits in my opinion.

[mookiemookie]

Originally Posted by Platapus

In my opinion punitive awards, which are a form of fine/punishment should not go to the person doing the suing but go to the state.

The purpose of a lawsuit is to repair the damages and try to make things as they were. Punitive judgments are intended to punish the offender and hence tend to be larger amounts. I see no reason why a person suing should collect monies above and beyond the damages.

It is for a cut of the much larger punitive judgments that motivates lawyers to push for suits. If the punitive judgment is treated like a fine (which it is) and goes to the states, the lawyer won't be able to add that to his cut.

That will bring down the number of lawsuits in my opinion.

Not a bad idea at all, in my opinion. It doesn't unfairly enrich someone who doesn't deserve it, yet still accomplishes the goal of discouraging the unwanted behavior.