Trey Burke is getting sued

[Stoked]

First of all, if what gets passed? Binnion isn't seeking a new law, he is acting on current ones that he believes have been violated. Again, what were you thinking when you said "If this is passed it allows the way forward for any case where anyone says something you don't like(?)"Even if this was a proposition for a new law (which it isn't), the ramifications would not be what your are projecting. This is specific, covering discrimination/defamation (the latter is already illegal, and the first is under certain circumstances). No new and scary precedent is being set.

Meriam Webster:
": the practice of unfairly treating a person or group of people differently from other people or groups of people"
https://www.merriam-webster.com/dictionary/discrimination

In terms of the EEOC's circumstances, the discrimination that occurred is unprotected, but only because it didn't happen at, or in connection to Binnion's place of business. Otherwise, it would likely be protected under the discrimination and harassment clauses.
https://www.eeoc.gov/laws/types/disability.cfm

Racism can be racism without being illegal, as can discrimination. Coupling the unpleasantness of discrimination (even if only out of negligence) with the real chance that this was defamation, and something could be made of Binnion's suit.

Defamation:
https://www.law.cornell.edu/wex/defamation



See link above. This could very esily be defamation. Linguistically, it is discrimination. Legally, it misses being discrimination by where and who, not what.

So you agree that it is not discrimination in the sense that you can sue over. Good to know.
Basically this guy felt they were mean, they were, and wants to sue them. Well get ready to be sued for pretty much anything.

The law suit is dumb and he should lose. If he wins I'm gonna sue the Baptists, liberals, atheists, Catholics, Hispanics, rich white men, the crips and anyone else I can think of as they have all said things that offend me and are discriminatory.

 

[Sexual Favors]

So you agree that it is not discrimination in the sense that you can sue over. Good to know.
Basically this guy felt they were mean, they were, and wants to sue them. Well get ready to be sued for pretty much anything.

The law suit is dumb and he should lose. If he wins I'm gonna sue the Baptists, liberals, atheists, Catholics, Hispanics, rich white men, the crips and anyone else I can think of as they have all said things that offend me and are discriminatory.

None of those groups have defamed you. Binnion's reputation was made to suffer unjustly by the famous trio's actuons (regardless of the support he received after from other parties).

Your analogy and dismissal of his case's validity is done by comparing an apple and an orange.

 

[moevillini]

I'm going to wait and see how this plays out and then sue one of you.

Maybe Sirkickyass can be your lawyer.

 

[Stoked]

None of those groups have defamed you. Binnion's reputation was made to suffer unjustly by the famous trio's actuons (regardless of the support he received after from other parties).

Your analogy and dismissal of his case's validity is done by comparing an apple and an orange.

Not true. I've been told ugly things by those groups as a white, conservative, poor, american white male. They hurt my feelings. Sue them


That's what's happening here, they were *** holes and hurt his feelings. Better get ready for the door opening to millions of law suits. Better go get an attorney now.

I didn't Apple and orange this at all. Guy has an extremely poor case for discrimination. Perhaps defamation but not a chance in hell of discrimination and the precedent set is a terrible one.

 

[fallenchicken]

Maybe Sirkickyass can be your lawyer.

If he doesn't want to get sued as well he better work pro bono.

 

[moevillini]

harassment perhaps?

Now that I've actually read the story, I would hope that there would at least be a generous donation made to a foundation dedicated to helping those with the disorder.

 

[Sexual Favors]

Not true. I've been told ugly things by those groups as a white, conservative, poor, american white male. They hurt my feelings. Sue them


That's what's happening here, they were *** holes and hurt his feelings. Better get ready for the door opening to millions of law suits. Better go get an attorney now.

That is not what is happening here.

The insulting joke was levied publically, thus influencing other's opinions and defaming Binnion's reputation.

What you are referring to is different. As a disabled person myself, insults are levied on the regular, but they are not defaming me because they are not done on public stages by people who hold a great deal of influence to alter my reputation, thus no law has been broken. While I find it repugnant when I am ridiculed and judged for a disability and not the content/merit of my being, I know nothing illegal has taken place. I reserve my right to verbally bitch slap those who come at me like that. That is free speech, and should be protected for both parties.

Defamation is another matter. It is serious, and illegal for a reason. Nothing new is happenng here, except three celebrities who decried Sterling (who broke moral codes and NBA laws, not US laws) were engaging in a more socially acceptable form of the same thing. That, in and of itself was not illegal. Defamation is though, as it has numerous and unforeseeable ramifications on those who have been defamed.

 

[mellow]

Defamous, is that like infamous?

 

[Stoked]

That is not what is happening here.

The insulting joke was levied publically, thus influencing other's opinions and defaming Binnion's reputation.

What you are referring to is different. As a disabled person myself, insults are levied on the regular, but they are not defaming me because they are not done on public stages by people who hold a great deal of influence to alter my reputation, thus no law has been broken. While I find it repugnant when I am ridiculed and judged for a disability and not the content/merit of my being, I know nothing illegal has taken place. I reserve my right to verbally bitch slap those who come at me like that. That is free speech, and should be protected for both parties.

Defamation is another matter. It is serious, and illegal for a reason. Nothing new is happenng here, except three celebrities who decried Sterling (who broke moral codes and NBA laws, not US laws) were engaging in a more socially acceptable form of the same thing. That, in and of itself was not illegal. Defamation is though, as it has numerous and unforeseeable ramifications on those who have been defamed.

Public or not he was not denied a single service, privilege or entitlement based on what they did. Not one. So there is nothing to sue for that. If he does and wins based on that then get ready....

 

[♪alt13]

None of those groups have defamed you. Binnion's reputation was made to suffer unjustly by the famous trio's actuons (regardless of the support he received after from other parties).

Your analogy and dismissal of his case's validity is done by comparing an apple and an orange.

My understanding is that the didn't make any false claims so...

no case. I think this guys lawyer probably realizes this but knows that Shaq and trey don't want this to stay in the media for the next few years. They will settle out of court.

 

[Sexual Favors]

Public or not he was not denied a single service, privilege or entitlement based on what they did. Not one. So there is nothing to sue for that. If he does and wins based on that then get ready....

His reputation took a blow. That is the result of defamation, which I believe will be the issue of the case.

My understanding is that the didn't make any false claims so...

Didn't Trey say it was an Ian Clark selfie? That's a false statement.

no case. I think this guys lawyer probably realizes this but knows that Shaq and trey don't want this to stay in the media for the next few years. They will settle out of court.

I see this being settled out of court as well, not because Binnion has no case, but because the amount he wants is pennies to these guys.

Defamation per Cornell law:

"To establish a prima facie case of defamation, four elements are generally required: a false statement purporting to be fact concerning another person or entity; publication or communication of that statement to a third person; fault on the part of the person making the statement amounting to intent or at least negligence; and some harm caused to the person or entity who is the subject of the statement."
https://www.law.cornell.edu/wex/defamation

1. False Statement: Trey said photo was Ian Clark selfie.
2.Publication/communication to third party: posted to thousands of instagram followers.
3. Fault of intent or negligence: easily negligence.
4. Some harm to subject : public ridicule, loss of reputation, and emotional turmoil.

That took me all of five minutes to see he has the bones of a case against Trey.

 

[Nate505]

What damages is he claiming that happened to him? That would be my question if I were on a jury.

I wish Trey would have just offered to cut him a check and sign some legal documents before this stuff happened, just to punish himself for being a jerk (in that case...I've seen nothing to indicate he's a total jerk in general). The fact the guy's demanding it I don't care for.

 

[Nate505]

I'm going to wait and see how this plays out and then sue one of you.

You're fully entitled to half my debts.

 

[stitches]

His reputation took a blow. That is the result of defamation, which I believe will be the issue of the case.


Didn't Trey say it was an Ian Clark selfie? That's a false statement.



I see this being settled out of court as well, not because Binnion has no case, but because the amount he wants is pennies to these guys.

Defamation per Cornell law:

"To establish a prima facie case of defamation, four elements are generally required: a false statement purporting to be fact concerning another person or entity; publication or communication of that statement to a third person; fault on the part of the person making the statement amounting to intent or at least negligence; and some harm caused to the person or entity who is the subject of the statement."
https://www.law.cornell.edu/wex/defamation

1. False Statement: Trey said photo was Ian Clark selfie.
2.Publication/communication to third party: posted to thousands of instagram followers.
3. Fault of intent or negligence: easily negligence.
4. Some harm to subject : public ridicule, loss of reputation, and emotional turmoil.

That took me all of five minutes to see he has the bones of a case against Trey.

The false statement has to be regarding the person who's suing and claiming damages, not some loosely related false statement regarding the circumstances of the taking of a picture. The reasoning behind that is that they need to establish a lie(false statement) told ABOUT THEM has cause them harm(for example - if he had said that the plaintiff is a rapist). In other words, you cannot sue for defamation when somebody lies about stuff that has nothing to do with you.

Furthermore, the fault of intent or negligence is incredibly hard to prove in court. Cause here the intent you have to prove is the intent to defame the person, not the intent to have fun with your buddies in a totally classless way. They need to prove Trey intended to defame this guy specifically with some sort of false statement that he's made(which to my knowledge he hasn't done). The negligence in law is not exactly what you think of "negligence" in everyday use. It is again really hard to determine and hard to prove.

 

[BTP]

[/B]

Would that extend to aliases on message boards?

If that's a knock on me. Try to sue me in Germany There's no 23.6 billion to get over here from judges as a finders fee for finding misleading statements ever done by a tobacco industry executive and going a little bit Snowden with an inside job in the company to find documents that prove they deliberately made the false statement !

I also thought defamation required an audience I don't know if jazzfanz qualifies as that.

 

[8]

His nonexistent reputation took a blow

Dude has no way of getting a ruling in his favor. He'll get some settlement because Shaq and Trey won't bother fighting his case and will feel bad.

Next, he should try and secure some royalties while allowing himself to be the next great internet meme.

 

[8]

His reputation took a blow. That is the result of defamation, which I believe will be the issue of the case.


Didn't Trey say it was an Ian Clark selfie? That's a false statement.



I see this being settled out of court as well, not because Binnion has no case, but because the amount he wants is pennies to these guys.

Defamation per Cornell law:

"To establish a prima facie case of defamation, four elements are generally required: a false statement purporting to be fact concerning another person or entity; publication or communication of that statement to a third person; fault on the part of the person making the statement amounting to intent or at least negligence; and some harm caused to the person or entity who is the subject of the statement."
https://www.law.cornell.edu/wex/defamation

1. False Statement: Trey said photo was Ian Clark selfie.
2.Publication/communication to third party: posted to thousands of instagram followers.
3. Fault of intent or negligence: easily negligence.
4. Some harm to subject : public ridicule, loss of reputation, and emotional turmoil.

That took me all of five minutes to see he has the bones of a case against Trey.

Wow, why do people even go to law school? You've got it all figured out, Atticus!

 

[ema]

If some rich douche-bags mocked me or a member of my family over an illness or a physical problem in the public or social media, especially the way this stupids did, I sure would look for every way to sue them. In the worst case, my base would be psychological abuse/violence or causing of psychological trauma.

You don't necessarily have to get physically assaulted to have a case against the bullies. There are many non-physically-violent behaviors that may harm a person and even cause many kinds of psychological trauma. And public mockery could very well be one of them, especially in a case that the victim has already a very hard life conditions and is much more vulnerable against such offense than usual.

I hope he wins and sets an example and gets at least some kind of financial relief in the meantime.

 

[Mr. McGibblets]

That is not what is happening here.

The insulting joke was levied publically, thus influencing other's opinions and defaming Binnion's reputation.

What you are referring to is different. As a disabled person myself, insults are levied on the regular, but they are not defaming me because they are not done on public stages by people who hold a great deal of influence to alter my reputation, thus no law has been broken. While I find it repugnant when I am ridiculed and judged for a disability and not the content/merit of my being, I know nothing illegal has taken place. I reserve my right to verbally bitch slap those who come at me like that. That is free speech, and should be protected for both parties.

Defamation is another matter. It is serious, and illegal for a reason. Nothing new is happenng here, except three celebrities who decried Sterling (who broke moral codes and NBA laws, not US laws) were engaging in a more socially acceptable form of the same thing. That, in and of itself was not illegal. Defamation is though, as it has numerous and unforeseeable ramifications on those who have been defamed.

This isn't defamation. Quit throwing that around. Truth is pretty much always a defense to a defamation claim. Making fun of someone for the way they look is not libel or slander (defamation). Just because it was rude and hurt his feelings doesn't meet the legal standards of defamation.

From your own link:

a false statement purporting to be fact concerning another person or entity;... and some harm caused to the person or entity who is the subject of the statement.

What false statement did shaq and trey make? And the harm the laws refer to often requires more than hurt feelings. This aspect of defamation is often the most difficult part to prove in court.

 

[Mr. McGibblets]

1. False Statement: Trey said photo was Ian Clark selfie.
2.Publication/communication to third party: posted to thousands of instagram followers.
3. Fault of intent or negligence: easily negligence.
4. Some harm to subject : public ridicule, loss of reputation, and emotional turmoil.

1. Might be relevant if Ian Clarke was suing trey, but it's irrelevant to the guy in the photo.
2. Correct.
3. Nope, not easily negligent.
4. Still not really the type of harm courts look for. And you really think this guy's reputation took a hit from this? He became famous and got tons of positive publicity.

That took me all of five minutes....