Author Topic: Hamilton Lawsuit, discussion & funding -- merged thread.  (Read 164262 times)  

Online Nicholas Erik

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #500 on: November 30, 2017, 10:35:08 AM »
Donated.

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Offline RedAlert

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #501 on: November 30, 2017, 11:52:47 AM »
Read the XC.  There are weaknesses, and you have a defense and possible cross cross complaint.  "DLTBGYD."  One day, this will be a dim memory, and you'll still be okay.  YOU WILL BE OKAY.

I remember a thread on Kboards where others were kicking the s. out of you.  You did not weaken.  I remember being impressed with your strength in the face of unfair criticism.  Whenever I see your name, that's what I think.  One tough cookie.  Stay classy and cool, and make sure you write down the details for your book.


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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #502 on: November 30, 2017, 12:17:22 PM »
What...the...unholy... >:( >:( >:(

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #503 on: November 30, 2017, 12:18:56 PM »
Donated. I'm very sorry. Stinks.

Offline Scarlettletters

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #504 on: November 30, 2017, 01:32:06 PM »
Donated.

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Sorry for the delay folks, clearing the smoke took longer than I expected.

After discussion among the moderating staff, we are reopening this thread to allow continued updates on the status of the subject lawsuit.  We believe updates are a service to the membership as it is public information with implications for the larger Indie community. 

However, we believe it is neither appropriate nor wise for any member involved in a lawsuit to discuss strategy or other specific details of that lawsuit on our very public forum.  This is not the place for such discussions. 

We are reviewing the thread and posts that are beyond the scope of the thread, as well as posts that are outside Forum Decorum, have been and will continue to be removed.

Thank you,

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #506 on: November 30, 2017, 01:54:24 PM »
I remember a thread on Kboards where others were kicking the s. out of you.  You did not weaken.  I remember being impressed with your strength in the face of unfair criticism. 

I don't know about kicking, but I'm someone who has disagreed with Elizabeth in the past about strategies and tactics for selling books, sometimes vigorously. But I have never doubted her integrity, and think this attempt to silence dissent is egregious. I've donated money to EAW's defense fund, and will do it again if necessary.

Offline csharte

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #507 on: November 30, 2017, 02:26:08 PM »
I'm not a lawyer, but I've had a frivolous lawsuit thrown at me once before (like you, in a different state than the one I resided in). I was able to get it thrown out but it wasn't pretty, so I have an idea of what you're going through.  It matters the quality and experience of your attorney. I hope you received good recommendations from other lawyers.

Anyway, I don't have much to give you, but you can have my ad budget for the week. Hopefully the judge will remove your name and others like you from the list of defendants. It seems like common sense to do so...

Offline hardnox

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #508 on: November 30, 2017, 03:11:48 PM »
Donated. You da best. I went through a similar frivolous many years ago and know the pressure and heartache and time lost seems monstrous. But it will pass. I admire your courage. Endure, be well.

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Offline Flay Otters

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #509 on: November 30, 2017, 03:45:05 PM »
All my best.

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Well, this IS a public forum.  There is not much more to discuss, then.  Keep your chins up, people!  Just make sure that you answer back, even if you are in pro per!  Do not default!

I wanna thank the mods for reopening the thread.  This sucks for you, too.

Offline Wayne Stinnett

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A question for any legal eagles. With many people named in the counter-suit, if one of us files a motion to quash and the judge agrees, does it apply to all those named, or just the one who filed?
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Online Elizabeth Ann West

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #512 on: November 30, 2017, 07:15:56 PM »
Thank you everyone, and goodness! I talked to multiple attorneys today, which just to talk to an attorney on the phone you need to know someone who knows someone who can tell you what NAME to put in the subject line to get an email back. :)  I have an attorney retained to begin preliminary work on my case. To give you perspective, just that case analysis is over half of what's currently fundraised and it was 1/7th of what the law firm who was the next affordable quoted me. More or less I am looking at a $10,000 cost just to get motions filed to try to stop this train from leaving the station. So that was sobering. And please don't think I just picked the cheapest attorney, he also happened to be the best candidate.

I just want to say thank you. Everyone who helped me with lawyer recommendations, messages of support, donations, etc. This is going to be a long time though even just to get motions, we've all been through this before.... so here we go.

So one major ACK down, now tomorrow is the neurologist for the health issues I've been having. Praying it's herniated discs.


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Offline Monique

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #513 on: November 30, 2017, 07:49:51 PM »
IANAL but there might cost saving measures if you and the others named can work together.

Hope all goes well at the doc tomorrow.

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Offline cdk

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Quote
A question for any legal eagles. With many people named in the counter-suit, if one of us files a motion to quash and the judge agrees, does it apply to all those named, or just the one who filed?

If it's a motion to quash for lack of personal jurisdiction in California, the motion applies only to the person who filed the motion because each cross-defendant's contacts with California are different and will be assessed individually.

That said, one successful motion will be a blueprint for everyone else to follow assuming everyone's contacts with California are minimal.

If you have the time, for people who are out-of-state, you should read the case in the link below.  It's very thorough and it will give you a good understanding of the concept of personal jurisdiction.  Coincidentally, it's a defamation lawsuit against an out-of-state defendant based on a post on Facebook.  There's a good discussion of "General Principles of Personal Jurisdiction" that starts on page 8, and although it may all seem very long and boring, you should feel very comfortable after you read pages 16 to 25.

When you click on the link below, it takes you to the "Case Summary" page.
Four lines down, click on the PDF where you see: "Court of Appeal Opinion:[PDF] [DOC]"

http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=43&doc_id=2058429&doc_no=G049107&request_token=NiIwLSInLkg%2BW0BNSCFdUE9IMEw7UFxbJyBOQzpSQCAgCg%3D%3D

Hope this helps.

Online David VanDyke

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #515 on: November 30, 2017, 09:16:13 PM »
You might want to simply see if you can retain Christina's lawyer?


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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #516 on: December 01, 2017, 01:32:34 AM »
Donated.

Online Patty Jansen

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Donated.

Offline RicardoFayet

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #518 on: December 01, 2017, 03:49:12 AM »
Donated. Stay strong.

Online Elizabeth Ann West

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #519 on: December 01, 2017, 04:34:44 AM »
Using the same lawyer could be a way to reduce costs, but it also comes with downsides for everyone sharing. All of us would be giving up confidentiality and many of us live in different states, have different circumstances, and could have interests aligned now but that change down the road etc and then there's problems of that and who has to get a new lawyer to get them up to speed etc.?

Every attorney I spoke with did say speaking about strategy, sharing research on similar motions etc. were all highly recommended and there are times when people do share attorneys in situations like this. It's a judgment call.

I can say that some of the named defendants and I have been discussing this issue and what's the best decision moving forward, and that's all I can share. I empathize that from the outside it seems like the easy answer is "save money" and that is definitely a component of this, but so is making smart decisions based on the situation.

I am so thankful the funds raised yesterday covered my retainer to get a case analysis. That was a godsend I needed, like okay I can do this one day at a time... I don't want people to view some of us having separate counsel as us necessarily working against each other, it's like the Olympic gymnastic team. We're all on the same team but we have to go out there and do our individual performance to contribute to the overall outcome, whatever that is.


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Offline Ann in Arlington

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #520 on: December 01, 2017, 04:44:28 AM »
Folks -- all discussion about the lawsuit (and ONLY the lawsuit) must take place in this one thread. This can include funding efforts for legal fees but only in this thread, Thanks. I've merged the most recent thread started by Elizabeth.

Thanks for understanding.

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Offline Adair Hart

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #521 on: December 01, 2017, 06:40:59 AM »
Donated, Elizabeth. Hang in there.
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Offline MyraScott

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #522 on: December 01, 2017, 06:45:04 AM »
I think all the defendants in this counterclaim may want to read up on what a SLAPP suit is.

https://www.casp.net/sued-for-freedom-of-speech-california/what-is-a-first-amendment-slapp/

Quote
While most SLAPPs are legally meritless, they can effectively achieve their principal purpose: to chill public debate on specific issues. Defending a SLAPP requires substantial money, time, and legal resources, and thus diverts the defendants attention away from the public issue. Equally important, however, a SLAPP also sends a message to others: you, too, can be sued if you speak up.

I'd say this countersuit is clearly a SLAPP, as Rebecca herself issued a warning a while back that this is exactly what she planned to do:

Edited to remove screenshot from third party site.  PM me if you have any questions.  --Betsy/KB Mod

If you've been named in the crossclaim, educate yourself here:

https://www.casp.net/uncategorized/stages-of-a-slapp-suit/

Quote
By filing a special motion to strike with the court, your lawyer is asking the judge to find that the plaintiff has sued you for exercising your free speech and/or petition rights, and that the plaintiff has failed to show that his/her suit has merit. 

Quote
If you are successful on your special motion to strike, you are automatically entitled to the attorneys fees and costs you incurred defending against the SLAPP.


« Last Edit: December 02, 2017, 07:27:35 PM by Betsy the Quilter »

Offline Sam Kates

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Re: GoFundMe for Elizabeth Ann West Legal Fund
« Reply #523 on: December 01, 2017, 06:54:44 AM »
Using the same lawyer could be a way to reduce costs, but it also comes with downsides for everyone sharing. All of us would be giving up confidentiality and many of us live in different states, have different circumstances, and could have interests aligned now but that change down the road etc and then there's problems of that and who has to get a new lawyer to get them up to speed etc.?

Every attorney I spoke with did say speaking about strategy, sharing research on similar motions etc. were all highly recommended and there are times when people do share attorneys in situations like this. It's a judgment call.

Multiple litigants sharing the same lawyer can obviously be beneficial from a cost-sharing perspective, but can cause problems. If, as Elizabeth mentions, there comes a point when one of the litigant's interests no longer coincide with the interests of another, the lawyer is placed in a conflict of interest position. Not sure how it works in the States, but in some circumstances in the UK, if that were to happen then the lawyer may have to excuse himself entirely from the case. At best, it would mean one of the litigants having to seek separate reperesentation, often at an advanced stage of the case.

Good luck to all.
 
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Offline MyraScott

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #524 on: December 01, 2017, 06:56:22 AM »
Also important-

If you suspect you might be included as one of the 19 unnamed DOE's, your ISP has to contact you before giving out any personal information.

https://www.casp.net/uncategorized/what-to-do-when-your-internet-service-provider-tells-you-your-information-has-been-subpoenaed/

You can file a motion to quash but you would need to move quickly as the subpoena (if it was granted) will have a response date and you'll need to have your ducks in a row.  These legal fees can also be recovered from the complaintant if they are deemed to fall under a SLAPP suit.