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You Know It's True, Otherwise Bonds Would Sue...

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Re: You Know It's True, Otherwise Bonds Would Sue...

Postby stepsinsc » Fri Aug 17, 2007 6:47 pm

knapplc wrote:
Tavish wrote:
stepsinsc wrote:Odds are he won't sue, and for the same reason he didn't sue the authors of the "Game of Shadows:" because it's all true.


When it comes to Slander or Libel it doesn't matter if it is true, unless it already is proven to be true. Since Bonds' steroid use hasn't been proven as true, then the Judge/Jury in the Slander case would have go on the assumption that Bonds is innocent. This wouldn't be a trial of whether or not Barry did PEDs, it would be a trial of whether Schilling attacked Bonds' character with his opinion.

I'm not going to pretend to be an expert in Libel suits but doesn't Bonds merely need to show that he has been damaged by Schilling's comments? I thought it was enough to show that Schilling's comments created a situation in which Bonds suffered some loss, whether that be financial, relating to "prestige" or any other such thing. Someone can attack my character whenever they want (First Amendment?), but if it doesn't cause me harm then I'm not going to prevail. In order to prevail Bonds would have to show that he has suffered some sort of loss, like less autograph sessions or even just a simple lessening of his public persona.

I just think it's interesting that everyone has been saying (me included, probably but I dont' recall) that if Barry hasn't used then he should sue for Libel, and here he just might. I would have to say that he probably will, otherwise this is a pretty silly thing to put out for the press to chew on.


Normally, yes a plaintiff only has to show damage. But, truth is always a complete defense to defamation and it's commonly asserted. Therefore, in the vast majority of defamation cases it becomes an issue of whether the statements were true or not. So you're correct to the extent that a normal private plaintiff would not have to show falsity to prove his case, but any defendant would just claim truth and then the defendant can prove the statements are true and avoid all liability.

But Bonds is also a public figure, and under the First Amendment public figures are required to show falsity and fault. So regardless of what state he sued in, Bonds would have to show falsity.
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Re: You Know It's True, Otherwise Bonds Would Sue...

Postby Old_Style » Fri Aug 17, 2007 6:47 pm

AcidRock23 wrote:
Bloody Sox wrote:Bonds vs. Schilling in court would be the highest of high comedy. I pray for it to happen!


+1. Ideally, it would need to be on Court TV or perhaps Judge Judy or Mills Lane? It would pwn all other celebrity trials in terms of the personality clash(es) that could erupt.

"Next witness, Pete Rose"

"Next witness, Dock Ellis"

"Next witness, José Canseco"

"Next witness, Rafael Palmiero"

the list could go on and on for weeks... :-)


So, with all those character witnesses, it would be something like the final episode of Seinfeld? :-b
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Re: You Know It's True, Otherwise Bonds Would Sue...

Postby stepsinsc » Sat Aug 18, 2007 8:45 am

Tavish wrote:Truth is the best defense. But if I claim that Bonds "was found guilty of using steroids" then proving he used steroids in the Defamation case doesn't really come into play. Schilling's statements are a little more borderline than that. I'm not sure how leaked Grand Jury testimony is handled in a defamation suit, but Schilling's statement that Bonds' legal team is up in arms about is:

Curt Schilling wrote:“I mean, he admitted that he used steroids. I mean, there’s no gray area. He admitted to cheating on his wife, cheating on his taxes and cheating on the game."


The first part about steroids is defensible assuming the GJ testimony can be used, but I'm fairly certain Bonds never admitted to the taxes and wife parts.


Yeah if the statement is "....was found guilty..." then it would just be a matter of if it was true or not, and it would all be a heck of a lot easier to resolve. And as you point out and I've said before, Bonds seems to have a much stronger case against Schilling than he perceivably does against the Game of Shadows authors. Anyways the whole issue of whether admissions before a grand jury allegedly leaked by the government (according to Bonds' lawyers) are admissible to prove truth in a defamation case seems rather novel.
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Re: You Know It's True, Otherwise Bonds Would Sue...

Postby jzfran » Sat Aug 18, 2007 9:50 am

Schilling can run his mouth often (like this time) but after reading Game of Shadows, I hate Bonds even more than I did before I read it. He is a rotten scumbag who cheated his way into the record books. As someone said earlier, if he didnt sue the authors, he probably won't sue Schilling.
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Re: You Know It's True, Otherwise Bonds Would Sue...

Postby Yoda » Sat Aug 18, 2007 11:12 am

bleach168 wrote:If there was anyone in baseball I hate more than Bonds, it's Schilling. At least Bonds doesn't hide being a jerk. Schilling is such a phony.


I agree 100% Schilling is a complete ass. I hope he is out of baseball soon so that we never have to hear him talk again.
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Re: You Know It's True, Otherwise Bonds Would Sue...

Postby sportsaddict » Sun Aug 19, 2007 12:28 am

Yoda wrote:
bleach168 wrote:If there was anyone in baseball I hate more than Bonds, it's Schilling. At least Bonds doesn't hide being a jerk. Schilling is such a phony.


I agree 100% Schilling is a complete ass. I hope he is out of baseball soon so that we never have to hear him talk again.


All he cares about is the publicity. I am sick of him. How about when he put the towel over his head (was it 93?) when Mitch Williams was in the game... or the endless comments he makes attempting to portray himself as some kind of politician... he is a pompus, arrogant prick.
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