Eric Goldman calls the case of BidZirk v. Smith, filed by a South Carolina eBay reseller against the blogger who'd criticized its services, "a flagship example of how a pernicious and misguided plaintiff with a thin skin can ruin a blogger's life." Maybe "ruin" is no longer the operative term, since a federal court has just thrown out the case. Among the court's determinations: calling a company's founder a "yes man" is opinion and not actionable as defamation (Oct. 28 and, before that, Nov. 21, 2006; decision (PDF)). More: Ron Coleman fingers as a culprit the "American Rule" (no shifting of fees) under which "there is for all practical purposes no downside to suing someone on the most preposterous of grounds and losing -- hence making the bringing of meritless litigation a part of every large company’s toolkit for silencing criticism and destroying smaller competitors."
Criticizes BidZirk on his blog, and survives
Categories:
Categories
- About the site (535)
- Arbitration (18)
- Australia (80)
- Autos (144)
- Bad Medicine (133)
- Bad Medicine II (234)
- Canada (82)
- Chasing clients (124)
- Class Actions (310)
- Class Actions II (43)
- Crime and Punishment (338)
- Disabled Rights (151)
- Eat Drink and Be Merry (272)
- Environment (218)
- Ethics (325)
- Family Law (145)
- Fear of Flirting (114)
- Frenzied Skies (79)
- Guns (106)
- Law schools (17)
- Loser Pays (75)
- Media (457)
- Misc. (519)
- Personal Responsibility (279)
- Politics (321)
- Politics II (46)
- Procedure (98)
- Product (227)
- Roundups (176)
- Scandals (74)
- Schools (224)
- Sports (162)
- Tech (258)
- Tobacco (124)
- UK (204)
- Work (246)
