yyys123
Joined: 08 Jul 2019
Posts: 750
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 Posted: 24-08-2019 07:23:45 Post subject: "Thats outrageous!!!". Cou |
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| MALAGA, Spain -- Athletic Bilbao rallied for another victory on Monday, coming from behind to win 2-1 at Malaga to heap pressure on coach Bernd Schuster. Iker Munian scored the 85th-minute winner only two minutes after Malagas Francisco Portillo was sent off after a challenge on Ander Iturraspe, his second booking for the match. Juami Jimenez headed the hosts ahead in the 38th-minute but Malaga seemed to let their concentration -- and the game -- slip away as the visitors clawed back with Mikel San Jose heading in from a corner in the 68th. The majority of the 25,000 spectators at La Roseleda Stadium chanted for Shuster to be fired. Bilbaos first victory at Malaga in 12 years came from its fourth come-from-behind victory of the season. Bilbao moved up to fifth place with 26 points, one behind fourth-place Villarreal. Defending champion Barcelona leads the standings with 40 points, three clear of Atletico Madrid and six ahead of third-place Read Madrid. Brad Peacock Jersey .Impact president Joey Saputo confirmed Thursday that he is part of a group of investors whose offer to buy the 105-year-old Italian club was accepted by the teams board of directors. Robinson Chirinos Jersey . The 28-year-old from Rochester, Alta., was selected by the Redblacks from the Saskatchewan Roughriders roster in the 2013 CFL Expansion Draft. http://www.baseballastrosproshop.com/gerrit-cole-astros-jersey/ . Starting from pole, the 26-year-old Vettel turned in a trademark clinical performance to win the Indian Grand Prix on Sunday and join F1 greats Juan Manuel Fangio and Michael Schumacher as just the third driver to win four consecutive championships. Craig Biggio Jersey . The Braves optioned outfielder Jose Constanza to Triple-A Gwinnett. As expected, the Braves also called up right-hander Julio Teheran from Gwinnett to start Sundays game and optioned backup catcher J. Hector Rondon Astros Jersey . - This win was more the New Jersey Devils style.Well, Rector was none too pleased. When he awoke from his slumber, he sued ESPN, MLB, the Yankees and ESPN announcers Dan Shulman and John Kruk for defamation and intentional infliction of emotional distress. He is asking for $10 million.To say the least, the language in the claim is peculiar, complete with misspellings and ambitious grammatical choices. Page two of the Claim gets right down to business: "On or about April 13, 2014, the plaintiff was at the rivalry game between the Boston Red Sox and New York Yankees. It is well known that the rivalry between the New York Yankees and Boston Red Sox is always the biggest in all of sport. For decades millions of people all over the world turn out or tune in to watch these games. Plaintiff accordingly was at this game." Claims Being Made In his lawsuit, he alleges that ESPN and MLB engaged in "unending verbal crusade" against the sleepy plaintiff. Specifically, his claim states as follows: (a) "Announcers like Dan Shulman and John Kruck (sp) unleashed avalanche of disparaging words against the person of and concerning the plaintiff. These words, include but not limited to stupor, fatty, unintelligent, stupid". (b) "John Kruck (sp) in his verbal attack insinuated that the plaintiff is individual that know neither history nor understood the beauty or rivalry between Boston Red Sox and New York Yankee." (b) "The defendant Major league Baseball continually repeated these vituperative utterances against the plaintiff on the major league baseball web site the next day. These words and its insinuations presented the plaintiff as symbol of anything but failure." (I think they meant to write "these works and its insinuations presented the plaintiff as a symbol of failure".) He goes on to say that the defendants "negligently or maliciously published false, defamatory statements of fact about the plaintiff, a private individual". As a result, his reputation was damaged. The false statements alleged include the following: - Plaintiff is unintelligent and stupid individual. - Plaintiff is not worthy to be fan of the New York Yankee. - Plaintiff is a fatty cow that need two seats at all time and represent symbol of failure. - Plaintiff is a confused disgusted and socially bankrupt individual. - Plaintiff is confused individual that neither understands nor knows anything about history and the meaning of rivalry between Red Sox and New York Yankee. - Plaintiff is so stupid that he cannot differentiate between his house and public place by snoozing throughout the fourth inning of the Yankee game. Defamation Defamation refers to a false statement that is likely to lower the reeputation of a person in the eyes of reasonable people.dddddddddddd The law protects your reputation against defamation. If someone defames you, you can sue for money (called "damages") for harming your reputation. Heres what Kruk and Shulman said: Shulman: This guys oblivious to how good [MLB TV] is... Kruk: Sometimes you have to turn it off to get some sleep. This is not the place you come to sleep. I tell you what though, how comfortable is that? Probably wont have any neck problems tomorrow. Shulman: I mean, is that guy to his left his buddy? Is he just letting him sleep, or is he here alone? Whats the deal with this guy?Kruk: Maybe thats his buddy and he likes him a lot better when hes asleep.Shulman: I think the other guys more concerned with the food and the game.Kruk: Chicken fingers are a special item at the ballpark. Why share? Get em while hes asleep so he wont ask for one.Shulman: Weve gotta see how long this guys out for.Kruk: Its only the fourth inning, you dont think he could sleep through –Shulman: Did he sleep through the Beltran homer? I mean, 45,000 people stand up and cheer and he sleeps through it?Kruk: Youd think itd be tough to, but he seemed comfortable. It didnt look like he just started to sleep.Is this defamation? No. To be clear, Im saying no. Contrary to Rectors allegations, it is simply untrue that Kruk and Shulman "unleashed (an) avalanche of disparaging words". They did not refer to him as stupid, unintelligent or a fatty cow. Frankly, the guy sitting to Rectors left may have gotten the worst of it when Shulman said hes more "concerned with the food and the game". Even that is fine. So Kruk and Shulman did not engage in defamatory comments. Intentional Infliction of Emotional Distress In order to make out this claim, the statements need to be outrageous and extreme. Its conduct that goes beyond all reasonable bounds of decency, and when a reasonable person hears it, he or she needs to respond with something like "Thats outrageous!!!". Courts have even repeatedly concluded that insults and indignities fall short of that test. So Rector will also fail on this count. The comments were not outrageous or extreme. Rather, the comments were innocuous and playful. If anything, restraint was exercised. By the way, the lawsuit alleges that ESPN and MLB engaged in unlawful activities. The Yankees were just hosting the game, and should not have been named as a defendant. They werent involved. That being said, no one should have been named as a defendant. The lawsuit lacks merit. As a result, expect the parties to move to have this lawsuit kicked out of court on the basis that it is frivolous. ' ' ' |
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