Uh oh.... better call your lawyers - Page 3

Sadistic-Savior · #21 (**permalink**) 03-23-2006, 12:25 PM

Quote:

That's only half true. Here's a real life example: My old boss caused a car accident while in Aruba.

Thats all you needed to say. While in Aruba, he is subject to their laws.

In the US I am immune to British law. There is not a (*)(*)(*)(*) thing they can do to me.

Quote:

He was sued in Aruba (obviously) for damages to the other person's car and whatever else they sued him for. The court in Aruba got the judgment validated here. I'm not sure how it all works or what it applies to, but I know 100% that judgments in some foreign courts can and do apply here.

If I am not on their soil, they have zero claim against me.

They can prove me wrong though. Go ahead and sue me.

Quote:

See? You CAN be sued in a foreign court and have it recognized here.

Not if it is legal here. Your example doesnt apply because he was already on foreign soil.

stekim · #22 (**permalink**) 03-23-2006, 12:38 PM

Don't ask me. But I think you are right. You cannot be sued in Britain for something you do here, assuming what you are doing is legal here. That makes sense and is only right.

stekim · #23 (**permalink**) 03-23-2006, 12:53 PM

Actual case law! Although you can be sued in foreign courts and have judgments recognized here (even if you never left the country), the courts in America have refused, in particular, to honor British libel judgments:

Quote:

In the only decisions to address the issue-Matusevitch v. Telnikoff, 702 A.2d 230, 347 Md. 561 (1997), and Bachchan v. India Abroad Publications, Inc., 585 N.Y.S.2d 661 (Sup. Ct. N.Y. Co. 1992)-American courts have refused to enforce British libel judgments on the broad ground that England's libel laws are repugnant to the fundamental protections afforded speech by the First Amendment

Quote:

The non-enforcement decisions in Matusevitch and India Abroad flow from traditional principles of international comity, which are now codified in the Uniform Foreign Money-Judgment Recognition Act (the "Uniform Act").14 Under the comity doctrine, American courts will ordinarily enforce the judgments of foreign tribunals.

Quote:

Nonetheless, recognizing that in exceptional cases enforcement of a foreign award may offend American principles of individual liberty, the Uniform Act expressly provides that comity need not be accorded a foreign award if it is based on laws that are "repugnant to the public policy of [the] state."

We are all safe.

Doctiloquus · #24 (**permalink**) 03-23-2006, 01:25 PM

Quote:

Originally Posted by Sadistic-Savior";p=&quot

I dare anyone to try to sue me for a comment made in a forum. Anywhere.

Them's fightin' words! I'll be seein' you in court matey. Garr!!!

JP5 · #25 (**permalink**) 03-24-2006, 11:08 AM

Lawyers: you can't live with 'em and you can't shoot 'em.

stekim · #26 (**permalink**) 03-24-2006, 11:14 AM

Which is really too bad.....

The12thMan · #27 (**permalink**) 03-24-2006, 11:59 AM

Speaking of shooting lawyers, I miss PJO34.

LoSconosciuto · #28 (**permalink**) 03-25-2006, 01:26 PM

I can't recall one actually going to trial though. Truebrit, Tedminator, Pinniped or HardDriver may remember the various goings on at 7th Gear better than me. Didn't one of the team owners threaten to sue Tara or her father over something that was posted there?

What I'm aware of is unhappy people threatening the website that hosts the forum. One person who didn't like something I posted on a general chat forum contacted the website. But what I said was true and I could document it. I'd already told him not to email me anymore or he could plant a kiss on a certain area of my anatomy. So, he contacted the site. They blew him off too... though they did ask me to be careful of what I posted in regard to this blithering, whiney, weak-kneed, hairy palmed, semi-literate P.O.S.

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