Author Topic: Press Release - Benchmark Young Adult School Loses Lawsuit  (Read 13344 times)

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Offline Anonymous

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Re: Press Release - Benchmark Young Adult School Loses Lawsuit
« Reply #15 on: November 11, 2008, 10:18:37 AM »
Quote from: "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.

It's not the great firewall. The links appear to be broken.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Anonymous

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Re: Press Release - Benchmark Young Adult School Loses Lawsuit
« Reply #16 on: November 11, 2008, 10:19:17 AM »
Quote from: "Guestinator"
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.
^^^ THIS
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Anonymous

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Re: Press Release - Benchmark Young Adult School Loses Lawsuit
« Reply #17 on: November 11, 2008, 10:21:19 AM »
The fact that Jayne didn't complain at all prior to the lawsuit (despite Psy inviting her to) only shows that probably nothing on Psy's website was false, and she was only trying to shut up any criticism.  That behavior is exactly what the anti-SLAPP statute was designed to stop.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Ursus

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Re: Press Release - Benchmark Young Adult School Loses Lawsuit
« Reply #18 on: November 11, 2008, 10:40:53 AM »
Quote from: "Auntie SLAPP"
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.
They claim that they are going to appeal the ruling. What would that entail?
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).
That sounds very believable. My guess is that is most likely the scenario.

They HAVE to posture thus. To do any differently would be tantamount to admitting "defeat."

Give it a while, and chances are they will subsequently come out with an announcement that, "due to financial considerations, careful consideration of the negative psychological impact on our students, and upon advice of our attorneys... we choose to no longer pursue this matter." (If they announce it at all.)
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Offline Anonymous

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Re: Press Release - Benchmark Young Adult School Loses Lawsuit
« Reply #19 on: November 11, 2008, 10:54:12 AM »
Quote from: "Ursus"
Quote from: "Auntie SLAPP"
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.
They claim that they are going to appeal the ruling. What would that entail?
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).
That sounds very believable. My guess is that is most likely the scenario.

They HAVE to posture thus. To do any differently would be tantamount to admitting "defeat."

Give it a while, and chances are they will subsequently come out with an announcement that, "due to financial considerations, careful consideration of the negative psychological impact on our students, and upon advice of our attorneys... we choose to no longer pursue this matter." (If they announce it at all.)
Do programs ever announce bad news if they can avoid it?
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Offline Ursus

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Re: Press Release - Benchmark Young Adult School Loses Lawsuit
« Reply #20 on: November 11, 2008, 11:06:48 AM »
Quote from: "Guest"
Do programs ever announce bad news if they can avoid it?

Hahaha!

Oh, and I forgot to mention: Benchmark et al could also claim that their "insurance company strongly advises against it," as yet another tried-and-true means of backing out of such hollow threats...

;D
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
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Offline Anonymous

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Re: Press Release - Benchmark Young Adult School Loses Lawsuit
« Reply #21 on: November 11, 2008, 11:12:34 AM »
Normally, insurance companies cover defense, not prosecution.
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Offline Che Gookin

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Re: Press Release - Benchmark Young Adult School Loses Lawsuit
« Reply #22 on: November 11, 2008, 11:30:31 AM »
Hell if Jayne wants to waste more money she can go for it. She didn't have a case before and she won't have a case now.
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Offline Anonymous

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Re: Press Release - Benchmark Young Adult School Loses Lawsuit
« Reply #23 on: November 11, 2008, 11:48:56 AM »
they have also posted their press release here:

http://benchmarktruth.wordpress.com/200 ... rnet-lies/
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline ZenAgent

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Re: Benchmark Bitches and Moans!
« Reply #24 on: November 11, 2008, 12:01:55 PM »
Quote from: "Jayne Sniveled and"


Jayne Selby-Longnecker, founder and owner of Benchmark Young Adult School, states... "Internet law is a relatively new frontier and it is very difficult to effectively pursue and win a case against someone who posts untruths about you or your company. This is especially true when you may not know the substance or damaging effect of such statements until after the very short statute of limitations applicable to these claims has already run."

Libel is libel - if Jayne considers Psy's site to be full of "untruths", she should have addressed it before there was any "damaging  effect".  She was given the opportunity to voice her objections.  Sue Scheff goes for the jugular with less provocation and a quickness.  Jayne is like a hospital patient who gets an infection after surgery but does nothing until it becomes gangrenous, then sues for malpractice.  You're accountable, Jayne.  It's not a good advertisement for Benchmark's program when the owner is a procrastinator.  You gotta move before the train is on top of you, Jayne, but you didn't - because you knew Psy was accurate in his journalism and had documentation.

As the Court wrote, Jayne:

"More persuasive was the evidence submitted by the defendant.  Crawford provided supplemental declarations indicating that there were no substantive changes to his website since posting it in December 2006 (apart from a minor grammatical correction in January 2007)."  [/i]

Suing former "students" in order to silence them is bad PR.  I imagine Jayne would like to sue Psy for the GAO sniffing around the program's door, but her lack of financial resources  might make it difficult to "persist".  It's another dumb Jayne moment to start calling a critic a liar after losing, too - you're begging for another lawsuit where Psy's evidence and documentation would be presented to refute your libelous and defamatory comments.  

Change one word in Jayne's quote:

Quote from: "Jayne Sniveled and"
This is especially true when you may not know the substance or damaging effect of such treatment until after the very short statute of limitations applicable to these claims has already run."

Wow, Jayne.  I'll bet you don't feel bad when survivors are unable to litigate because the time spent getting their heads back together and focused ran out the statute.  In TN, you have one year to sue for malpractice.  The PTSD of survivors will last decades, maybe all their lives, but they only have one year to bring the program to answer for the abuse.   Don't cry about the "very short" statute of limitations Jayne, you have no right to bitch.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
\"Allah does not love the public utterance of hurtful speech, unless it be by one to whom injustice has been done; and Allah is Hearing, Knowing\" - The Qur\'an

_______________________________________________
A PV counselor\'s description of his job:

\"I\'m there to handle kids that are psychotic, suicidal, homicidal, or have commited felonies. Oh yeah, I am also there to take them down when they are rowdy so the nurse can give them the booty juice.\"

Offline Anonymous

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Re: Press Release - Benchmark Young Adult School Loses Lawsuit
« Reply #25 on: November 11, 2008, 12:08:50 PM »
there is no question.  Jayne put herself "at cause".

heh heh heh
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Offline Anonymous

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Re: Benchmark Bitches and Moans!
« Reply #26 on: November 11, 2008, 12:11:04 PM »
Quote from: "ZenAgent"
you're begging for another lawsuit where Psy's evidence and documentation would be presented to refute your libelous and defamatory comments.

If her false statement harm Psy.  I wouldnt' put it past him to sick his badass lawyers on Benchmark, going on the offense.  Benchmark should watch what they say carefully, as Psy is not a public figure.
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Offline seamus

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Re: Press Release - Benchmark Young Adult School Loses Lawsuit
« Reply #27 on: November 11, 2008, 01:54:30 PM »
Hells yeah, Psy you should look into a "abuse of Process",or the like suit . Seems to me they knew they had zip to start with. Seems alot like malicious behavior.
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It\'d be sad if it wernt so funny,It\'d be funny if it wernt so sad

Offline Anonymous

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Re: Press Release - Benchmark Young Adult School Loses Lawsuit
« Reply #28 on: November 11, 2008, 02:02:14 PM »
Quote from: "seamus"
Hells yeah, Psy you should look into a "abuse of Process",or the like suit . Seems to me they knew they had zip to start with. Seems alot like malicious behavior.

That's basically what the anti-SLAPP motion was for, but there is a seperate civil action in CA regarding what you're talking about ("malicious prosecution").
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Offline Che Gookin

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Re: Press Release - Benchmark Young Adult School Loses Lawsuit
« Reply #29 on: November 12, 2008, 04:22:03 AM »
Quote from: "Ursus"
Quote from: "Auntie SLAPP"
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.
They claim that they are going to appeal the ruling. What would that entail?
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).
That sounds very believable. My guess is that is most likely the scenario.

They HAVE to posture thus. To do any differently would be tantamount to admitting "defeat."

Give it a while, and chances are they will subsequently come out with an announcement that, "due to financial considerations, careful consideration of the negative psychological impact on our students, and upon advice of our attorneys... we choose to no longer pursue this matter." (If they announce it at all.)

Posturing it is one of many options for Jayne. Given her ego she probably finds that it is the only option for her. I can think of a half a dozen solutions off the top of my head that would avoid the problem and give them a chance at coming out on top as winners in the end.

I won't post them though..

Jayne ain't getting any of my good/bad ideas!
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »