The Quonset Hut

http://www.netslander.com/internet-defamation-cases/ wrote:Another internet defamation lawsuit of note was decided in Georgia in 2011. The case began in 2008. The facts, in brief, are that a man named Gene Cooley lost his fiancée when her ex-husband killed her and then turned the gun on himself. Topix became the website of choice for a woman named Denise Ballew who decided to blog extensively about the event, although she barely knew Gene Cooley. Her posts included statements indicating that he was a drug user, boozer, pervert and the like. As a result of these blogs, Cooley lost his job and eventually had to move out of his home town.

Cooley hired an attorney, who in turn served a subpoena on Topix demanding the internet protocol (IP) address of the poster. Topix complied and Cooley was awarded $400,000 for the damages the postings caused. The decision fell in line with Georgia law, which states that ‘it is generally presumed that the defamed individual has been injured and it is then the jury’s task to decide the amount of money that should be awarded’. The old adage ‘be careful what you say’ now reads: ‘be careful what you write’ – as well it should.

http://www.alpharettapersonalinjuryfirm.com/Personal-Injury-Blog/2011/January/Georgia-man-awarded-404-000-from-Union-County-ju.aspx wrote:The story is almost unbelievable: Gene Cooley lost his fiancee when she was murdered by her ex-husband in 2008. Shortly after the murder, an anonymous person posting on a Blairsville, Georgia community website under multiple screen names accused Cooley of being a pedophile, a drug addict and having a long criminal record with prison time. Cooley was none of those things and had no criminal record. Cooley didn't own a computer and was shocked when his fiancee's family suddenly wanted nothing to do with him. He was fired from his job at a Blairsville hair salon when the salon owner heard about the accusations circulating around the small Georgia community. Suddenly Cooley not only lost his fiancee, but his fiancee's family, his job, his friends and his reputation.

Cooley's lawyer and the community website, Topix.com, were able to track down the poster's IP address, an address unique to each computer, and discover the malicious person's identity. Sybil Denise Ballew barely knew Cooley but decided she didn't like him and started her internet rampage against him using several screen names to act like multiple people. Cooley said he really didn't know this woman at all; he had been a customer occasionally at two places Ballew worked.

This woman thought she could anonymously rip Cooley's life apart, ruin his reputation, and walk away from the carnage she caused. A Union County jury didn't agree. On January 13, 2011, a six-person jury awarded Gene Cooley a $404,000 judgment against Ballew. Cooley's lawyer is investigating any assets Ballew might have to pay the judgment but it's unlikely that Cooley will ever see any of that money. It's more of a moral victory than a financial victory. Cooley's lawyer and the local district attorney are currently drafting a bill to make such libelous action a crime and not merely a civil matter.

My advice to Paul.....hold on to those emails from Morgan and twigsnapper, they could be quite valuable.

Mikado

FM No Static At All wrote:

My advice to Paul.....hold on to those emails from Morgan and twigsnapper, they could be quite valuable.

Mikado

It would also seem prudent to obtain and hold the IP addresses associated with those emails. While the recipient may not get the sender's (because of proxies etc.) the ISP of the sender must keep those records according to the laws under the Patriot Act.

So does that mean a slander suit is/has been filed?