Treatment Abuse, Behavior Modification, Thought Reform > Benchmark Young Adult School / Benchmark Transitions
Press Release - Benchmark Young Adult School Loses Lawsuit
Anonymous:
To me, it's simple. When Psy put up the website, he emailed her to invite corrections. She decliened to do so. One would think if there were any innacurate statements, she would have simply provided proof back then without waiting for "damages". It's not Psy's fault she declined to do so. She more or less consented to the publication of the website. Moreover, she waited over a year to file a lawsuit, which is untimely and expressly forbidden by the statute of limitations.
The judge did not have to waste his time quibbling over truth or falsity. In fact, he was forbidden to do so (that is for a trial). What the judge had to decide was two things: did the case have to do with free speech, and could the plaintiff (Benchmark) prove the case was winnable. Well, the statute of limitations pretty much kills the possibility of they winning right then and there, so why would the judge address anything else? This is more spin from Benchmark and they'd be stupid to appeal the case. It'll just end up costing them more than it is already, since anti-SLAPP awards court costs to the defendant if it suceeds (and it did). The same goes for appeal. If they want to bankrupt themselves, they should continue.
Anonymous:
--- Quote from: "Auntie SLAPP" ---
--- Quote ---The lawsuit has been dismissed by way of a unique legal procedure called an "Anti-SLAPP" motion which applies in the context of lawsuits relating to the exercise of "free speech" under the First Amendment. Benchmark intends to appeal the Court's procedural ruling.
--- End quote ---
They claim that they are going to appeal the ruling. What would that entail?
--- End quote ---
I suppose that's for Psy and his lawyers to figure out at this point. I wouldn't expect him to comment on an ongoing case. Of course, Benchmark could be lying about the appeal (just claiming they will appeal for the PR).
Anonymous:
--- Quote from: "Auntie SLAPP" ---
--- Quote ---The lawsuit has been dismissed by way of a unique legal procedure called an "Anti-SLAPP" motion which applies in the context of lawsuits relating to the exercise of "free speech" under the First Amendment. Benchmark intends to appeal the Court's procedural ruling.
--- End quote ---
They claim that they are going to appeal the ruling. What would that entail?
--- End quote ---
They would have to find some grounds for appeal. Whatever that might be is anybody's guess.
Che Gookin:
I suppose Jayne, that shit eating bitch, can always sell her house that she had more or less built by Benchmark students to keep paying her lawyers.
also.. can someone copypasta the docs on that wordpress blog to this thread? Great firewall of china effing strikes again.
Anonymous:
--- Quote from: "Guestinator" ---
--- Quote from: "Auntie SLAPP" ---
--- Quote ---The lawsuit has been dismissed by way of a unique legal procedure called an "Anti-SLAPP" motion which applies in the context of lawsuits relating to the exercise of "free speech" under the First Amendment. Benchmark intends to appeal the Court's procedural ruling.
--- End quote ---
They claim that they are going to appeal the ruling. What would that entail?
--- End quote ---
I suppose that's for Psy and his lawyers to figure out at this point. I wouldn't expect him to comment on an ongoing case. Of course, Benchmark could be lying about the appeal (just claiming they will appeal for the PR).
--- End quote ---
That sounds very believable. My guess is that is most likely the scenario.
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