cinyc wrote: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.