Help! I am being sued for my participation in ![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-community.gif)
davis_square
Apr. 30th, 2013 05:07 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
ron_newman posting in ![[community profile]](https://www.dreamwidth.org/img/silk/identity/community.png){kind=small}
davis_squareTwenty-five minutes ago, a constable delivered to me an unexpected package. It is a lawsuit by Jonathan Graves Monsarrat, alleging that he was libeled by me, Deb Filcman, and "John and Jane Does 1-100, presently unknown individuals". He is seeking $500,000 in compensatory damages, $5 million in punitive damages, and deletion of various LJ posts and comments.
I am called (incorrectly) "the moderator" of this forum.
Many participants here are named by LJ handle. "Plaintiff intends to identify the Doe Defendants through means of discovery and will amend this lawsuit to identify the Doe Defendants by proper legal names upon obtaining such information"
If I don't reply within 20 days, a default judgment will be entered against me.
All possible advice and help would be greatly appreciated right now.
In particular, if anyone here is or knows an appropriate attorney who'd be willing to help out at least a bit pro bono, let me know.
ETA 5/1/13: please see this followup post for PDF scans of the amended complaint I was served with, as well as the original complaint that I never received. Please continue the discussion there after reading the complaints.
I am called (incorrectly) "the moderator" of this forum.
Many participants here are named by LJ handle. "Plaintiff intends to identify the Doe Defendants through means of discovery and will amend this lawsuit to identify the Doe Defendants by proper legal names upon obtaining such information"
If I don't reply within 20 days, a default judgment will be entered against me.
All possible advice and help would be greatly appreciated right now.
In particular, if anyone here is or knows an appropriate attorney who'd be willing to help out at least a bit pro bono, let me know.
ETA 5/1/13: please see this followup post for PDF scans of the amended complaint I was served with, as well as the original complaint that I never received. Please continue the discussion there after reading the complaints.
![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
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Date: 2013-04-30 09:12 pm (UTC)Is there a lawyer in the house?
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Date: 2013-04-30 09:17 pm (UTC)(no subject)
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Date: 2013-04-30 09:18 pm (UTC)no subject
Date: 2013-04-30 09:39 pm (UTC)ETA: Go ahead, Jonmon, sue me too, you statutory raping douchbag.
Maybe contact Denise Provost and see if she has any recommendations (I don't know if it would be legal for her to help you out directly since she's not currently practicing and may not have a current law license).
Joe Ross, much recommended for real estate transactions and rental issues, and an all around good guy doesn't specialise in this, but he may have someone he sends people to.
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Date: 2013-05-07 03:23 pm (UTC)(no subject)
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Date: 2013-04-30 09:48 pm (UTC)no subject
Date: 2013-04-30 09:50 pm (UTC)(no subject)
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Date: 2013-04-30 09:50 pm (UTC)no subject
Date: 2013-04-30 10:21 pm (UTC)(no subject)
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Date: 2013-04-30 10:23 pm (UTC)no subject
Date: 2013-04-30 11:03 pm (UTC)Needless to say, this post does not constitute legal advice from me - I don't even know MA law! Best of luck to you, though.
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Date: 2013-05-01 01:18 am (UTC)(no subject)
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Date: 2013-04-30 11:13 pm (UTC)Yes, get a lawyer, but I'm pretty sure once you make it clear to him that he's going to have to go to court and have every single statement carefully evaluated, he'll back off.
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Date: 2013-06-19 06:37 pm (UTC)no subject
Date: 2013-04-30 11:15 pm (UTC)Also, as
This is such frivolous lawsuit b.s. RAGE.
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Date: 2013-04-30 11:24 pm (UTC)http://www.popehat.com/tag/popehat-signal/
Some of the stories are fascination if depressing reading, although I expect that won't be your first concern right now.
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Date: 2013-05-01 01:17 am (UTC)I had not realized I could think less of JonMon than I already did.
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Date: 2013-04-30 11:25 pm (UTC)no subject
Date: 2013-04-30 11:26 pm (UTC)www.popehat.com
It's an odd conglomeration of writers (mainly attorneys), blogging on various issues, but one of their main hot buttons is the use of the courts to chill speech and intimidate. I've seen them get directly involved with cases like this many times, as well as helping folks find good local representation (pro bono or inexpensively). One of their primary writers, Ken White, is a very experienced attorney who got his education right here. Could be worth a ping.
Some examples:
http://www.popehat.com/tag/popehat-signal/
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Date: 2013-05-01 12:05 am (UTC)no subject
Date: 2013-05-01 12:08 am (UTC)no subject
Date: 2013-05-01 12:26 am (UTC)While not a lawyer, I will say this: if an attributed post that accurately and representatively quotes a news article (I'm not currently talking about the comments, just the post) is eligible to be found as libel, then the original article should be bundled in on the complaint. If the paper isn't part of the complaint, I'd argue that the case lacks legal merit based on the general principles used to link to news articles and blog posts. I believe a lawyer would call for dismissal.
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Date: 2013-05-01 12:36 am (UTC)no subject
Date: 2013-05-01 01:04 am (UTC)no subject
Date: 2013-05-01 01:06 am (UTC)no subject
Date: 2013-05-01 01:29 am (UTC)Someone sent me a link to your LiveJournal post about the lawsuit you received. They sent it because helping people with that sort of thing is my gig.
I am an attorney, a member of the First Amendment Lawyers Association, and a blogger. As a blogger I write about issues including free speech, legal threats designed to chill speech (http://www.popehat.com/tag/legal-threats/), and the Streisand Effect. In addition, as hobby I work to connect people on the internet with pro bono First Amendment counsel when they are threatened (http://www.popehat.com/tag/popehat-signal/).
Feel free to send me a copy of the lawsuit and links to the posts complained of and any details you think are relevant, and I will see if I can connect you with help.
I tried to leave a comment to this effect on your LiveJournal Post. LiveJournal was uncooperative. After dealing with LiveJournal for 15 minutes I am now 35% more misanthropic and will now go beat an associate. Anyway, in the likely event the comment didn't show up, feel free to post this email there, in a comment.
Ken White
www.popehat.com
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Date: 2013-05-01 02:23 am (UTC)(no subject)
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Date: 2013-05-01 02:46 am (UTC)(no subject)
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Date: 2013-05-01 02:58 am (UTC)no subject
Date: 2013-05-01 04:46 am (UTC)(seriously, geez, that's horrible. So glad to hear that Ken from Popehat and others are stepping up for you--what a horribly, frivolously litigious society this is. Suck it up, yinz.)
(no subject)
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Date: 2013-05-01 03:18 am (UTC)Most of what I was going to suggest has already been suggested (popehat, the EFF, the free legal hotlines, etc.). I hope some of those folks can help you out. I wish there were any more I could do to help. If funds need raising to pay legal fees, I'd be happy to chip in.
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Date: 2013-05-01 11:48 am (UTC)no subject
Date: 2013-05-01 12:01 pm (UTC)no subject
Date: 2013-05-01 09:09 pm (UTC)no subject
Date: 2013-05-01 12:41 pm (UTC)This is one of the big services of the MA bar association.