Free Dominion files its defence against... Warman's lawsuit

[J.B. Stone]

Ms. Kulaszka did an excellent job on the statement of defence. I LOVE the failure to mitigate argument - Mr. Warman could have lowered his damages by crawling out from underneath the rock he's been hiding under and posting what he believed to be the truth on the Internet. He didn't. He sued.

Instead, I believe that Warman's buddy Warren Kinsella decided to goad those writing about the Cools post to try to increase the number of parties to and damages sought before filing this lawsuit (but only up to $50,000, of course, lest there be *gasp* disclosure - we wouldn't want that to happen). I think Kinsella all-but-admitted doing that on his blog.

I don't know if the court will buy the duty to mitigate argument - but it's certainly innovative.

Little Dicky Warbaby has done a SPECTACULAR job of setting HIMSELF up for a defamation counter-suit.

[carfix2000ca]

Ms. Kulaszka did an excellent job on the statement of defence. I LOVE the failure to mitigate argument - Mr. Warman could have lowered his damages by crawling out from underneath the rock he's been hiding under and posting what he believed to be the truth on the Internet. He didn't. He sued.

Instead, I believe that Warman's buddy Warren Kinsella decided to goad those writing about the Cools post to try to increase the number of parties to and damages sought before filing this lawsuit (but only up to $50,000, of course, lest there be *gasp* disclosure - we wouldn't want that to happen). I think Kinsella all-but-admitted doing that on his blog.

I don't know if the court will buy the duty to mitigate argument - but it's certainly innovative.

Little Dicky Warbaby has done a SPECTACULAR job of setting HIMSELF up for a defamation counter-suit.

My thoughts exactly.

He is the one who is doing the defaming

[BlawBlaw]

Ms. Kulaszka did an excellent job on the statement of defence. I LOVE the failure to mitigate argument - Mr. Warman could have lowered his damages by crawling out from underneath the rock he's been hiding under and posting what he believed to be the truth on the Internet. He didn't. He sued.

Instead, I believe that Warman's buddy Warren Kinsella decided to goad those writing about the Cools post to try to increase the number of parties to and damages sought before filing this lawsuit (but only up to $50,000, of course, lest there be *gasp* disclosure - we wouldn't want that to happen). I think Kinsella all-but-admitted doing that on his blog.

I don't know if the court will buy the duty to mitigate argument - but it's certainly innovative.

The duty to mitigate is pervasive throughout all of tort and contract law. If you are wronged you have an obligation to take reasonable steps to minimize your losses. For instance, in a wrongful dismissal suit, you have to try and find a new job; you can't just lay about unemployed and say 'woe is me' while waiting for a judge to order a big severance cheque for you. Failure to mitigate is a defence, and does not set the plaintiff up for a counter suit.

Warman could be liable for legal costs (an considering there are so many defendants and lawyers involved, that could be significant). There is a long shot at an abuse of process countersuit, but abuse of process is very hard to prove. The only counter-defamation suit would be if he has described FD as "an extreme right wing" forum in public. He did it in his statement of claim, but that is privileged.

Little Dicky Warbaby has done a SPECTACULAR job of setting HIMSELF up for a defamation counter-suit.

My thoughts exactly.

He is the one who is doing the defaming

[backhoe]

Zap bttt^

[Mark Fournier]

bttt

[Red]

I'm thinking of shearing my waist long hair for summer should I donate it to Icky Dicky? It's the Chrisitan thang to do, he could glue the hair to a hooked rug matt and he'd be a dapper red head in no time.

[J.B. Stone]

I'm thinking of shearing my waist long hair for summer should I donate it to Icky Dicky?

Only if he agrees to SWALLOW it.

[WestViking]

I'm thinking of shearing my waist long hair for summer should I donate it to Icky Dicky? It's the Chrisitan thang to do, he could glue the hair to a hooked rug matt and he'd be a dapper red head in no time.

I respectfully submit that cancer patients undergoing chemotherapy would be most grateful for the restored dignity your beautiful locks might provide . . . .

[danielmryan]

Wow that brief was a joy to read, I laughed out loud several times because her responses to Warman's whining were so funny. I think she enjoyed writing that brief.

Connie she's going to give you all she has and then some, great choice for legal counsel.

I had the same impression. Seeing Barbara Kulaszka's name on that Statement was a pleasant surprise.

Is Mr. Warman planning to sue again on the basis that she penned a defamatory statement of defense?

[PlaidShirt]

Mark & Connie,

I'm praying that you win. If you lose, we all lose.

[Maikeru]

As I predicted when Warman first sued us, we might well be the nominal defendants in this case, but it's Warman who's really going to be on trial.

[Racer X]

Worman is the type of guy that walks into a library containing 100,000 books. Worman doesn't want to read any of them though, but instead wants to have a couple books banned that contain a couple of paragraphs that he doesn't like. That is his mission in life.

I'm sure he's a real jewel at the party with family and friends...

Take my advice, be it you're a website owner or random poster. Do not EVER release private info during public or private convo with anyone, unless you are SURE you know who they are.

I.P. address release info by provider requires a fair bit of work by the law, usually requiring a warrant. Posting who you are, either publicly or privately, does not require much work by the law.

Keep your info personal, and trust no strangers...