Thin Line Between Critique and Courtrooms: A Dialogue on the Recent Audiophile Drama

@dz13 I once was cheated out of 20K in a real estate transaction and I soon found out that if I don't have another 20K to lose/give to lawyers, it's all good money after bad. Something wrong with that picture/system. Just like small claims court, you can win and then fold paper planes from the judge's order.

I think as long as the reviewer makes it clear the evaluation is strictly his professional opinion and anyone thinking about getting that product should do a side by side comparison at a brick and mortar store before dropping dollars. Its ok, and needed. I personally heard a $50k pair of speakers that did not hold a chance against my DYI, or Mid level Paradyne, Klipsch horns, JBL Floor standers. When manufacturers sue reviewers for having an honest opinion, then 1st amendment needs to be upheld. If a manufacturer is not making a competitive product for the cost, then someone needs to sound off without fear of a law suit.

@audiokinesis A defamation case can be brought anywhere the alleged defamatory remarks were published. I’d guess that a YouTube video is pretty much everywhere so the case could probably be brought in any state which gives the plaintiff the opportunity to forum shop a choose a state without an anti-SLAPP law. Then the question is whether the case can be removed to federal court and whether the federal court applies the state’s law which probably is the case.

As to how long it would take to get a case dismissed depends on the state, the court and the judge. Generally, there are 2 ways to get rid of a case pre-trial: a motion to dismiss and a motion for summary judgment. The motion to dismiss only works if there is a clear defect of the case in the pleadings meaning that the plaintiff has not alleged enough to constitute an actionable case. A motion for summary judgment works if the undisputed facts (ascertained via discovery) do constitute an actionable case (a reasonable jury wouldn’t find for the plaintiff). If the facts aren’t in dispute and the law, based upon the undisputed facts means there is no case, you win the summary judgment motion. The motion to dismiss can be attempted immediately and could get rid of some or all of the claims. The motion for summary judgment occurs months into the case.

@grislybutter Sorry for your experience but that is the way things unfortunately are. My later practice focused on litigation in the probate court (meaning guardianships, conservatorships, probate but I also did undue influence cases and prosecuted exploiters of the elderly) but I worked in tort area before. I found that lawyers were too expensive and the process always too slow. Judges seem to continue to want to be "hands off" cases until or unless it came to trial. A good 90% of cases resolved prior to trial and that process could be sped up if the Judge took a hands on approach and culled things down. But the courts are the playthings of the rich who can use the process to delay, harass and intimidate people. I went out on my own for my last 21 years of practice in order to hold down my costs and my fees but I was almost alone with that philosophy with other lawyers and judges.

How surprizing! 😁

But the courts are the playthings of the rich who can use the process to delay, harass and intimidate people.

@dz13 I didn't know about the judges' hands on or hands off point, thanks for your insight! I guess in dictatorships the rich buy the judge and the system, in democracies they buy  the lawyers who figure out how to play the system (like the guy going to court in NYC tomorrow)