Yay or Nay to Public Outing Websites for Cheaters

[e4u]

Yes, you can lose a lawsuit even with a good fact pattern. Like I said earlier, the trier of fact (judge or jury) will determine the merits of the lawsuit based on the weight and sufficiency of the evidence (and supporting case law) presented. Irrevocable proof is in the eye of the beholder, and not everyone see the same thing. It's a matter of how the facts and rest of the case are presented and how persuasive the arguments are.

 

The Court itself cannot arbitrarily dismiss a lawsuit of its own accord on the merits. There are a whole bunch of constitutional implications there if it does. It, however, can dismiss a lawsuit if a party doesn't show up to a hearing, trial or fails to perform a specific thing the Court has instructed the parties to do (i.e., attend mediation, submit a scheduling order, etc), but those instances have nothing to do with the merits of a case; they only have to do with the administration of the case before the Court.

 

Otherwise, cases are disposed of by motion of either of the parties, in whole or in part, as the case may be. While the Court decides dispositive or dilatory motions, the parties present the facts and supporting case law for their motion, and the Court can decide whether or not to rule in favor of the motion. Sometimes such motions are very poorly plead, and the matter can proceed to trial.

 

It's all about good law practice.

 

Man, I need to hire YOU as a lawyer then (what state are you in?).

 

Because someone ran a smear campaign against me online all over facebook, blogs, and contacting my work.

 

I contacted the police and lawyers and they all said, when I admitted it what they said was true (even though I knew the opposing party had no real proof thereof), they said we can't do anything because, in so many words "telling the truth isn't illegal"...wouldn't even budge on harassment, they said "they're just being an ass".

 

Oh, by the way, the person running the smear campaign had a no contact order from the courts saying they can't contact me in any way (with no exception). The police claimed that such an order is too vague to apply to the internet and didn't want to arrest them as a result.

 

So, I guess the law is always relative, isn't it? Or maybe some people are just too lazy or I keep getting screwed, lmao

Edited December 19, 2014 by e4u

[drifter777]

My problem is that who actually verifies the claim that he/she cheated? Revenge is just too tempting for some.

[zen2475]

Man, I need to hire YOU as a lawyer then (what state are you in?).

 

Because someone ran a smear campaign against me online all over facebook, blogs, and contacting my work.

 

I contacted the police and lawyers and they all said, when I admitted it what they said was true (even though I knew the opposing party had no real proof thereof), they said we can't do anything because, in so many words "telling the truth isn't illegal"...wouldn't even budge on harassment, they said "they're just being an ass".

 

Oh, by the way, the person running the smear campaign had a no contact order from the courts saying they can't contact me in any way (with no exception). The police claimed that such an order is too vague to apply to the internet and didn't want to arrest them as a result.

 

So, I guess the law is always relative, isn't it? Or maybe some people are just too lazy or I keep getting screwed, lmao

 

It's important to note that an attorney won't take a case unless there are actual monetary damages and the chances for a favorable verdict and collection of same are good.

 

Nonetheless, the point of my response was that a Court itself cannot pour out a case on its merits or not. An attorney will take a case that he or she can successfully prosecute and collect upon. From there, either side can move for summary judgment or take it to trial. No outcomes are ever guaranteed.

[ascendotum]

Yes, you can lose a lawsuit even with a good fact pattern. Like I said earlier, the trier of fact (judge or jury) will determine the merits of the lawsuit based on the weight and sufficiency of the evidence

 

So, leaving out the outline of legal text book process from a lawyer's perspective...how does the defendant lose in a case such as this where he has proof as the OP said? You mentioned case law are there many cases where the cheater has brought their ex to court for telling others of their infidelity, and they have won a compensation settlement? There are witnesses and assuming they don't perjure themselves to align with the cheater, how does the defendant (ex bf/gf) lose? Its up to the cheater to hire a lawyer to bring the case to court isn't it, and as you said above he/she would only do so if they think there is a favorable outcome? If the cheater pays the lawyers fees then I would have thought it would not matter to the lawyer win or lose, he gets paid. As for $ damages, what sort of compensation can a average life suburban person who was accused of cheating get?

 

Sounds like it would be easier for any pissed off partner to sidestep any potential drama my posting on such site using a proxy IP and discussing the cheating in the 3rd person perspective.

Edited December 19, 2014 by ascendotum

[zen2475]

So, leaving out the outline of legal text book process from a lawyer's perspective...how does the defendant lose in a case such as this where he has proof as the OP said? You mentioned case law are there many cases where the cheater has brought their ex to court for telling others of their infidelity, and they have won a compensation settlement? There are witnesses and assuming they don't perjure themselves to align with the cheater, how does the defendant (ex bf/gf) lose? Its up to the cheater to hire a lawyer to bring the case to court isn't it, and as you said above he/she would only do so if they think there is a favorable outcome? If the cheater pays the lawyers fees then I would have thought it would not matter to the lawyer win or lose, he gets paid. As for $ damages, what sort of compensation can a average life suburban person who was accused of cheating get?

 

Sounds like it would be easier for any pissed off partner to sidestep any potential drama my posting on such site using a proxy IP and discussing the cheating in the 3rd person perspective.

 

In defamation cases, the level to which the plaintiff must prove the negligence or recklessness of defendant’s conduct varies with respect to how the plaintiff is classified, and there are three primary categories: a private person, a public figure, or limited purpose public figure. Public officials, public figures, and limited-purpose public figures must show that the statements were made with knowledge that the statements were false or with reckless disregard of whether they were false. Private-figure defamation plaintiffs must show by clear and convincing evidence that the defendant failed to act reasonably in attempting to discover the truth or falsity or defamatory character of the publication.

 

Again, most attorneys won't take a case where there is substantial likelihood of recovery, and an amount of recovery that will make it worth while. Taking a case to trial will run into thousands of dollars, so the pecuniary damage as a result of the defamation must be significant and will have to be proven in court via demonstrable evidence and/or testimony. Further, attorneys are barred by Rule 11 of the Federal Rules of Civil Procedure from filing frivolous lawsuits, and if it is found an attorney has failed to perform sufficient due diligence before filing suit, that may result in a sanctionable offense.

 

Thus, most random posts on an internet site won't fall into the category of an action from which pecuniary recovery can be made. Just being butthurt isn't enough to get money from the person who defamed you. There has to be a causal nexus between those statements and how it will hurt current and future earnings, or as the case may be, standing in the community and concomitant future prospects. However, some separation agreements, depending on the social/monetary profile of the parties, may have non-disclosure agreements that if breached can provide impetus for a lawsuit.

 

Otherwise, you have to chalk up internet outings of cheaters as so much sour grapes. My whole point in this, however, is that a court itself cannot arbitrarily toss a case out; it must be done on motion of either party.

 

In most cases, the average Joe, like I presume most of us are here, are not public figures who stand to lose a significant amount if we or our respective exes were called out. Sometimes, it's best to take the high road and just put it behind you.

Edited December 20, 2014 by zen2475

[ascendotum]

In defamation cases, the level to which the plaintiff must prove the negligence or recklessness of defendant’s conduct varies with respect to how the plaintiff is classified, .....

........

In most cases, the average Joe, like I presume most of us are here, are not public figures who stand to lose a significant amount if we or our respective exes were called out. Sometimes, it's best to take the high road and just put it behind you.

 

Thank you for providing this further clarification (of course things could be be treated differently in different countries). It does seem then the chances of legal repercussions from the cheating ex back on the OP is not great. She would have to take it to court and air her dirty laundry for possibly no compensation for damage to her reputation in the community. As I said its not something I would do but I would not look down on the aggrieved person who outs a cheater or women who post about scumbag guys they dated online on other such sites. I have been cheated on more than once and I got over it okay, but I have friends who took numerous yrs to get over it. Many of the people on LS who have been cheated on you can tell are still bitter yrs after, so I don't think spending the 1/2hr to post something hardly = obsession

 

If my gf cheated on me and we separated, I am not going to make up a story to protect her image when my parents/relatives/friends/co-workers etc ask where she is. Cheating on your loved on is more pathetic than unmasking them imo. I believe in karma like the israeli intelligence service believe in karma. lol

[e4u]

I believe in karma like the israeli intelligence service believe in karma. lol

 

LMAO

 

Also, yes, thank you to the lawyer for clarification on everything!

 

But, unless I misunderstood him, it seems like he left open the possibility that even if you out an ex, and it's all actually true with proof etc...you can still get sued.

 

E.G. If you out the cheating ex with irrevocable proof, but that outing somehow damages their careers, they can sue to recover for lost wages?

 

Or did I not understand this point?

[zen2475]

I'm a she, thank you very much!

 

You can try and sue for just about anything. A lot of people bring lawsuits pro se for just about anything. A lawyer is ethically barred from bringing a lawsuit without merit, and probably won't take on a case unless the likelihood of a significant recovery is good.

 

There are more than lost wages in the consideration of monetary damages, and those have to be proven up. That means proof of wages or other monies lost in the past, and you usually have to hire an economist and maybe even other experts to opine on the possibility of future earnings.

[No Limit]

Then if it does not bother someone or they share the same they can be together.

 

I wonder why cheaters don't just date other cheaters?

[DrReplyInRhymes]

Nay.

 

Recently watched a movie with a quote that actually stuck in my mind.

 

"Hold on tightly, but let go lightly."

[lil hoodlum]

I wonder why cheaters don't just date other cheaters?

 

 

Are you kidding?!

 

Even cheaters don't want to get cheated on. I mean come on, that is just dishonest!

[lil hoodlum]

The best revenge any person can take is simply to live well and be happy. Nothing cuts a cheating ex deeper then to see you move on with out them and be happy and successful.

 

 

I'm not really sure most cheaters really care one way or another if the ones they cheated on move on to be happy and successful. JMO

[ascendotum]

I'm not really sure most cheaters really care one way or another if the ones they cheated on move on to be happy and successful. JMO

 

I agree. If their ex was all shattered and depressed a year or two or three later and they knew about it they might well feel remorse for their actions, but I think many move on and don't look back in the rear view mirror. Having their ex live a happy and normal life if anything I thought would make cheaters think their actions had little impact on their partners so would be more likely to discount the hurt they could cause for the next gf/bf when they cheat again.

[Spectre]

I don't know about exposing, but I do know if I was going to give my heart to someone I'd want to know whether or not she had been unfaithful to other men in the past. So, the way I see it..when you cheat you reap what you sow. These sites might not help many people, it might be vengeance and nothing else. Then again, there might be those few special cases, where maybe it prevents someone from making a very big mistake and marrying the wrong person?

 

I guess I'm saying, if it even helped 1 out of a billion people avoid getting into a relationship with a cheater..then I'd say it was all worth it. At the very least it might give one some closure to out someone, as messed up as it may sound, sometimes it can feel like a weight has been lifted. It really depends on the person, but I say the positives far outweigh the negatives. The negatives really only being that a cheater will be exposed, who knows, most likely most people that person dates in the future will not see it, but then again maybe they will?