Drop a Neg get sued?

[Labratt21]

Yup....

http://consumerist.com/2010/04/that-negative-ebay-comment-could-get-you-sued.html

Not sure if this has been posted.

 

[AmishDave]

::facepalm::

 

[ChasHawk]

Poor bastard has already had to spend $7k defending himself.

 

[Bob Loblaw]

http://southfloridalawyers.blogspot.com ... about.html

Anyone can sue. Proving substantial damages is another story. If his FB dropped from 100 to 98.4, he obviously didn't have a lot of transactions. Insulting his ethics, however, could potentially cost him legal work and as such, if there is some tie-in with his eBay user ID and law practice, damages may be provable.

Stupid stupid stupid.

 

[sportscardtheory]

This doesn't have a leg to stand on. You agree to use eBay and you play by their rules. The seller accepted the eBay feedback guidelines the second he listed an item. I would counter-sue his ass off.

 

[Bob Loblaw]

This doesn't have a leg to stand on. You agree to use eBay and you play by their rules. The seller accepted the eBay feedback guidelines the second he listed an item. I would counter-sue his ass off.

1. What are you countersuing for?

2. If you and I entered into a transaction, and I left you feedback stating that you ****** young boys, (which obviously you don't), do you not think that is defamatory?

Defamation is a very interesting and broad area.

 

[sportscardtheory]

This doesn't have a leg to stand on. You agree to use eBay and you play by their rules. The seller accepted the eBay feedback guidelines the second he listed an item. I would counter-sue his ass off.

1. What are you countersuing for?

2. If you and I entered into a transaction, and I left you feedback stating that you ****** young boys, (which obviously you don't), do you not think that is defamatory?

Defamation is a very interesting and broad area.

1. Time and funds lost.
2. That's clearly not what happened here as the buyer won a claim and left appropriate feedback. Leaving appropriate feedback is not defamation.

 

[Bob Loblaw]

This doesn't have a leg to stand on. You agree to use eBay and you play by their rules. The seller accepted the eBay feedback guidelines the second he listed an item. I would counter-sue his ass off.

1. What are you countersuing for?

2. If you and I entered into a transaction, and I left you feedback stating that you ****** young boys, (which obviously you don't), do you not think that is defamatory?

Defamation is a very interesting and broad area.

1. Time and funds lost.
2. That's clearly not what happened here as the buyer won a claim and left appropriate feedback. Leaving appropriate feedback is not defamation.

1. What time and funds lost? In many cases, the time of litigation and cost of defense are not recoverable, even if you win.

2. We don't know that. The seller was stated to have the ethics of a used car salesman. We don't know whether or not something went wrong other than the clock not working and a paypal refund.

 

[sportscardtheory]

[quote="Jeff N.":1wpkuoi7]

This doesn't have a leg to stand on. You agree to use eBay and you play by their rules. The seller accepted the eBay feedback guidelines the second he listed an item. I would counter-sue his ass off.

1. What are you countersuing for?

2. If you and I entered into a transaction, and I left you feedback stating that you ****** young boys, (which obviously you don't), do you not think that is defamatory?

Defamation is a very interesting and broad area.

1. Time and funds lost.
2. That's clearly not what happened here as the buyer won a claim and left appropriate feedback. Leaving appropriate feedback is not defamation.

1. What time and funds lost? In many cases, the time of litigation and cost of defense are not recoverable, even if you win.

2. We don't know that. The seller was stated to have the ethics of a used car salesman. We don't know whether or not something went wrong other than the clock not working and a paypal refund.[/quote:1wpkuoi7]

So clearly we both don't know enough about this case to have substantial opinions. It sounds like a joke to me. I would think it would be laughed out of court. The buyer could simply point out the 700 billion other negs left on eBay and ask why am I not allowed to leave a neg.

 

[AKT74]

The guy should have said "seller has the ethics of a Lawyer".

 

[t3dudek]

ethics of a used car salesman.

But even legally speaking "Ethics of a used car salesman" doesnt mean the same thing to all people.

 

[sportscardtheory]

The guy should have said "seller has the ethics of a Lawyer".

Isn't that an oxymoron? lol

 

[andyduke86]

[quote="Jeff N.":1p9isz55]

This doesn't have a leg to stand on. You agree to use eBay and you play by their rules. The seller accepted the eBay feedback guidelines the second he listed an item. I would counter-sue his ass off.

1. What are you countersuing for?

2. If you and I entered into a transaction, and I left you feedback stating that you ****** young boys, (which obviously you don't), do you not think that is defamatory?

Defamation is a very interesting and broad area.

1. Time and funds lost.
2. That's clearly not what happened here as the buyer won a claim and left appropriate feedback. Leaving appropriate feedback is not defamation.

1. What time and funds lost? In many cases, the time of litigation and cost of defense are not recoverable, even if you win.

2. We don't know that. The seller was stated to have the ethics of a used car salesman. We don't know whether or not something went wrong other than the clock not working and a paypal refund.

So clearly we both don't know enough about this case to have substantial opinions. It sounds like a joke to me. I would think it would be laughed out of court. The buyer could simply point out the 700 billion other negs left on eBay and ask why am I not allowed to leave a neg.[/quote:1p9isz55]

Jeff is just pointing out the legal issues, which you apparently have no knowledge of. Suing for defamation isn't exactly the easiest thing to sue for.

 

[sportscardtheory]

[quote="Jeff N.":3hbencws]

This doesn't have a leg to stand on. You agree to use eBay and you play by their rules. The seller accepted the eBay feedback guidelines the second he listed an item. I would counter-sue his ass off.

1. What are you countersuing for?

2. If you and I entered into a transaction, and I left you feedback stating that you ****** young boys, (which obviously you don't), do you not think that is defamatory?

Defamation is a very interesting and broad area.

1. Time and funds lost.
2. That's clearly not what happened here as the buyer won a claim and left appropriate feedback. Leaving appropriate feedback is not defamation.

1. What time and funds lost? In many cases, the time of litigation and cost of defense are not recoverable, even if you win.

2. We don't know that. The seller was stated to have the ethics of a used car salesman. We don't know whether or not something went wrong other than the clock not working and a paypal refund.

So clearly we both don't know enough about this case to have substantial opinions. It sounds like a joke to me. I would think it would be laughed out of court. The buyer could simply point out the 700 billion other negs left on eBay and ask why am I not allowed to leave a neg.

Jeff is just pointing out the legal issues, which you apparently have no knowledge of. Suing for defamation isn't exactly the easiest thing to sue for.[/quote:3hbencws]

"In many cases"

"We don't know that"

Yeah, that's a LOT of knowledge being thrown around right there. Lawyer or not, he doesn't know the details of the case, so he is as oblivious as I am on the situation.

 

[Bob Loblaw]

[quote="Jeff N.":nch1sny1]

This doesn't have a leg to stand on. You agree to use eBay and you play by their rules. The seller accepted the eBay feedback guidelines the second he listed an item. I would counter-sue his ass off.

1. What are you countersuing for?

2. If you and I entered into a transaction, and I left you feedback stating that you ****** young boys, (which obviously you don't), do you not think that is defamatory?

Defamation is a very interesting and broad area.

1. Time and funds lost.
2. That's clearly not what happened here as the buyer won a claim and left appropriate feedback. Leaving appropriate feedback is not defamation.

1. What time and funds lost? In many cases, the time of litigation and cost of defense are not recoverable, even if you win.

2. We don't know that. The seller was stated to have the ethics of a used car salesman. We don't know whether or not something went wrong other than the clock not working and a paypal refund.

So clearly we both don't know enough about this case to have substantial opinions. It sounds like a joke to me. I would think it would be laughed out of court. The buyer could simply point out the 700 billion other negs left on eBay and ask why am I not allowed to leave a neg.[/quote:nch1sny1]

I'm still trying to figure out what the countersuit is. IT IS a joke. That's why it's publicized.

 

[Bob Loblaw]

[quote="Jeff N.":160xxqvn][quote="sportscardtheory":160xxqvn]This doesn't have a leg to stand on. You agree to use eBay and you play by their rules. The seller accepted the eBay feedback guidelines the second he listed an item. I would counter-sue his ass off.

1. What are you countersuing for?

2. If you and I entered into a transaction, and I left you feedback stating that you ****** young boys, (which obviously you don't), do you not think that is defamatory?

Defamation is a very interesting and broad area.

1. Time and funds lost.
2. That's clearly not what happened here as the buyer won a claim and left appropriate feedback. Leaving appropriate feedback is not defamation.

1. What time and funds lost? In many cases, the time of litigation and cost of defense are not recoverable, even if you win.

2. We don't know that. The seller was stated to have the ethics of a used car salesman. We don't know whether or not something went wrong other than the clock not working and a paypal refund.

So clearly we both don't know enough about this case to have substantial opinions. It sounds like a joke to me. I would think it would be laughed out of court. The buyer could simply point out the 700 billion other negs left on eBay and ask why am I not allowed to leave a neg.

Jeff is just pointing out the legal issues, which you apparently have no knowledge of. Suing for defamation isn't exactly the easiest thing to sue for.[/quote:160xxqvn]

"In many cases"

"We don't know that"

Yeah, that's a LOT of knowledge being thrown around right there. Lawyer or not, he doesn't know the details of the case, so he is as oblivious as I am on the situation.[/quote:160xxqvn]

I know you can't get your costs and "lost time" back for victoriously defending a defamation suit in Florida.

 

[sportscardtheory]

I know you can't get your costs and "lost time" back for victoriously defending a defamation suit in Florida.

Is this in Florida? I really don't know.

 

[Bob Loblaw]

I know you can't get your costs and "lost time" back for victoriously defending a defamation suit in Florida.

Is this in Florida? I really don't know.

It is. Check the link I posted earlier.

 

[A_Pharis]

I know some pretty ethical used car salesmen (we do IT work for multiple lots). What's so defamatory? If anything, the guy proves his lack of ethics by taking the comment like he did. I wonder what his ID is so I can block him. ;-)

 

[sportscardtheory]

[quote="Jeff N.":93se0m0p]
I know you can't get your costs and "lost time" back for victoriously defending a defamation suit in Florida.

Is this in Florida? I really don't know.

It is. Check the link I posted earlier.[/quote:93se0m0p]

Okay, so that part you are correct on (I didn't doubt you, you just didn't initially seem to be sure).

Now how can you explain precedent? People leave negatives ALL THE TIME on eBay. What gives this guy the right to sue over it? Do you really believe a judge would allow this case to be heard when the seller puts himself in that situation and agrees to eBay's terms that people can leave negative feedback if they aren't happy with the transaction? He should be suing eBay if anything (not saying that I think he should).