flefever at ix.netcom.com(F. Frank LeFever) wrote:
<<Am I right in thinking that people bringing frivolous
and patently unmerited suits can suffer penalties
for doing so? including but not limited to paying
all legal costs?>>
True, but only if said suits can be proven to be
unmerited and ruled upon as frivolous within
the process of a legal proceeding.
As an attorney I can see several factors that
would warrant serious attention to this case
in favor of BIOSOUND.
In truth, an organization (i.e., a University) could
theoretically be named as the defendant in a lawsuit
involving the actions of an individual in its employ,
especially if the individual is utilizing an instrument
of University communications (in this instance, an
Internet account) in his official capacity as an instructor
with intent to harass or otherwise inhibit the free
speech of other individuals.
With this in mind, the suit becomes even more viable when
the evidence of Mr. Johnson's well-recorded proclivity for
needlessly harassing posters within Internet newsgroups is
presented. In the case of a successful pursuance, judgement
could include fines and penalties that range from simple censure
to dismissal/loss of tenure from the University, and of course,
the bearing of all legal costs associated with the proceeding.
There's an old saying by Will Rogers: "Often the smartest
thing to do is shut up and mind your own business". I would say
it's pretty good advice for Mr. Johnson to follow.
Alfred Jarrey, Esq.