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Subject: Re: Ever Been Sued?
From: Mitchell Leben <mitch @ leben . com>
Date: Fri, 30 Jan 1998 09:38:21 -0600 (CST)
To: "Nathan J. Mehl" <nmehl @ leftbank . com>
Cc: list-managers @ GreatCircle . COM
In-reply-to: <19980130100242.32370@leftbank.com>

On Fri, 30 Jan 1998, Nathan J. Mehl wrote:

> Oy.  One of _them_.

A not-so-rare breed I take it? Is it genetic?

> First and foremost, I strongly recommend that you _not_ lose any
> sleep over this.  The ratio of people on the net who threaten to sue 
> to those that actually do is staggeringly high.  This person sounds
> to me like a standard-issue blusterer.  He just wants to yank your
> chain.  

Too late for the sleep thing. I spent a few hours one night reviewing list
archives, trying to figure out why a contributing list member went sour. I
also printed out the entire episode, just to be safe. 

> If he were actually going to sue for damages, he would be
> having his lawyer send you a summons, not personally badgering you
> with email.

The summons would take a bit of time, so I do not feel completely out of
the woods yet. I realize the numbers are on my side, but this whole thing
is now only two to three weeks old. No doubt he is full of hot air. If
anything *does* happen, this list will hear all about it (laws permitting
of course).

> (And as Joe-Bob Briggs pointed out a while back, sueing somebody
> is not the cathartic, People's Court-esque experience that most of
> these morons seem to think it is.

Ten minutes to Whoppener!!

> Lawsuits take YEARS, and they mostly consist of lawyers sending letters
> back and forth.  Very few of them actually see the inside of a
> courtroom.  Your rude little friend would probably be greatly
> disappointed.) 

Perhaps he envisions me on the stand, receiving scowls from the jury. "Mr.
Leben is an evil man your honor..." Stranger things happen every day.

> I have a short form reponse that I use with these types, and I
> strongly recommend it:

With your permission, I will modify this and keep it on hand.

<snip standard response>

> And then, start bouncing all of their mail.  (If you own your own
> box, I can provide you with a sendmail ruleset to do this; if not,
> you can use procmail.)

I wonder what causes blood to boil more, being sent to /dev/null or
bounced mail? A while ago I had another disgruntled list member on AOL who
put me in his spam filter. I was quite relieved to see the bounce stating
he would ignore all mail from my address! One less headache to deal with.

> Entirely frivolous.  He'd have to prove monetary damage in order
> to collect anything, and that would be damn close to impossible.

I am guessing he holds that he spent X hours dealing with the problem, and
he makes $x.xx an hour... If that is the case then I have him licked, at
least on the time spent. 

> The only seriously threatening part of it is how much of your time
> it could take up, but since it would also take up an equal amount
> of _his_ time, I wouldn't sweat it.

If this does go through, I assume he will loose. The counter suit might be
interesting though!

> The life of a sysadmin is always intense!

Ain't that the truth!

-Mitch



References:
Indexed By Date Previous: Re: Ever Been Sued?
From: Chuq Von Rospach <chuqui@plaidworks.com>
Next: Re: Ever Been Sued?
From: Gillam Kerley <gkerley@execpc.com>
Indexed By Thread Previous: Re: Ever Been Sued?
From: "Nathan J. Mehl" <nmehl@leftbank.com>
Next: Re: Ever Been Sued?
From: Gillam Kerley <gkerley@execpc.com>

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