Monday, August 31, 2009

HOW WILL FREEDOM COMMUNICATION'S BANKRUPTCY IMPACT THE LAWSUIT AGAINST THE HERALD, FREEDOM, AND ZAVALETTA?

Well I am not totaly sure. As to Zavaletta it will have no impact. As to Freedom and the Herald, it depends. A Stay of the proceedings against the Herald and Freedom occur the moment the bankruptcy petition is filed. Here is where it gets tricky. If the Herald and Freedom are covered by insurance, and the insurance will pay any settlement or judgment, then the bankruptcy should not have any impact on the litigation. The Plaintiff's in the case will simply file a motion to lift the stay based on insurance coverage and the case will then proceed.

While I would be shocked if this is the case, but sometimes the insurance is payable to the insured. (A bit more complex, but I will leave it at that.) This would make it part of the bankrupcy estate of Freedom, thereby forcing the court to deny the motion to lift the automatice stay.

In the end if Freedom has traditional insurance to defend againt defamation claims, the case will move forward as soon as the Plaintiff's lawyer files the motion to lift the stay. These are so basic, the motion will be styled an Agreed Motion.

7 comments:

Anonymous said...

I'd just like to comment on something that I just read about. It seems that a lady called a famous model a SKANK on a blog. The model sued and the identity of ananymous blogger was revealed. This is happening more and more as people filled with venom use their poisoned pens to do harm to others for whatever reason.

I'd just like to say that people here in Brownsville can be very viscious when they blog in local print media and perhaps they need to rethink before they strike out.

I hope I don't sound like I'm rambling---just a thought.

HAVE A BEAUTIFUL DAY.

Anonymous said...

Who said Freedom is filing for bankruptcy?

BobbyWC said...

My source is the NYT.

http://dealbook.blogs.nytimes.com/2009/08/30/freedom-communications-to-file-for-bankruptcy-this-week/?hp

To the other poster - Freedom has made it clear it will not honor the decisions by the courts concerning providing identifying information about the posters - we shall see what the bankruptcy court does with the issue.

Bobby WC

Anonymous said...

It couldn't of happened to a worse newspaper. After seeing all the nasty comments they allowed for that guy who got the book thrown at him for his brother's child porn pictures....I was shocked by what they would let be printed there. The paper is touchy when it comes to racial issues but then allows homophobia where the sky is the limit! I think it just further proves the point that the guy is going to jail for not being hetero and not for what was found on the computer....which his brother already admitted to placing there and is serving time on an associated charge. It just serves to reinforce the reasons why I left Brownsville for a larger city and is like a whiff of sniffing salts when I at times entertain the thought of coming back some day.

BobbyWC said...

I do not know is the man was guilty - this is a very difficult case for me. All of my computers require a sign in. When I am not in my home or using my lap top I am signed out.

When I am out of town the person who watches my home theoretically could use my computer to look at this stuff.

I got an elderly man out of nearly $900.00 worth of 1-900 number calls because we were able to show he was not even in town when the calls were made. This is very dangerous waters for everyone.

My view is, make sure no one can use your computer when you are not home or in the office - and only allow someone to use it while your are sitting there.

Years ago when I was having cable internet installed in my home I walked into my office and the tech was looking at porn - I demanded he leave and I filed a complaint with the cable company.

This is easy to judge when it is not you - bu it is dangerous waters for all of us.

Bobby WC

Anonymous said...

My niece ordered all kinds of merchandise using my computer and credit cards while she house-sat. I have not been able to get any form of compensation from any one. Not even an apology.

PEOPLE-BE VERY CAREFUL WHO YOU LET IN YOUR HOMES--PLEASE.

Anonymous said...

Very dangerous waters indeed!!!!!