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OT: Lawsuit against Kentucky Radio Show Hosts

If information is publicly available, I don't see how the radio station is at fault. I don't defend what low-life fans are doing to him, at all, but I don't see how this is a winner in the courts.
 
Even though the info is public, if the radio station doesn't publicize it and encourage fans to harass Higgins, I doubt he gets 800 phone calls and all of the grief at his place of work.

I can see those saying throw out the case, but jeez, I bet he gets 10-20 calls tops if the fans aren't given his number and encouraged to harass him. Just my thoughts.
 
If information is publicly available, I don't see how the radio station is at fault. I don't defend what low-life fans are doing to him, at all, but I don't see how this is a winner in the courts.
i hear what you're saying, but if it's not spoon fed to kentuckians over the airwaves, would they have been smart enough to find it online on their own?
 
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Why I'm not sure, bored perhaps by this awful AL baseball game, I just read the entire complaint, and without knowing a huge amount about some of the issues I'd say this:

1. The claim is not for $75,000. That's just the jurisdictional minimum for a diversity of citizenship lawsuit.
2. Higgins has some very smart lawyers drafting his complaint. I'm sure they knew how to plead it in the best way to get past a motion to dismiss.
3. As for the radio guys repeatedly not encouraging folks to do the things they were at the same time celebrating on the air: I'd guess that the amount of cited statements, taken as true at a motion to dismiss, will keep the issue of whether the hosts were sincere at issue for discovery.
4. The most serious issue raised, as I see it, is the couple of places where the radio guys suggest Higgins had it out for Kentucky, or was betting on the game; that is a serious allegation to make on the air, heck they're alleging crimes - there's an NBA ref in the pokey for doing such a thing. While we don't know how much money Higgins makes reffing games, he obviously was well-regarded enough to be doing it in the final four; coupling that with the alleged encouragement to destroy his business and perhaps harass his family - this case ain't going away soon.

And frankly it shouldn't. I personally don't care for sophomoric sports radio in any event, but to do this crap for days - even if innocently under civil law - these chuckleheads deserve to be deposed, under oath, and claim that their intentions were purely entertainment ...
 
Why I'm not sure, bored perhaps by this awful AL baseball game, I just read the entire complaint, and without knowing a huge amount about some of the issues I'd say this:

1. The claim is not for $75,000. That's just the jurisdictional minimum for a diversity of citizenship lawsuit.
2. Higgins has some very smart lawyers drafting his complaint. I'm sure they knew how to plead it in the best way to get past a motion to dismiss.
3. As for the radio guys repeatedly not encouraging folks to do the things they were at the same time celebrating on the air: I'd guess that the amount of cited statements, taken as true at a motion to dismiss, will keep the issue of whether the hosts were sincere at issue for discovery.
4. The most serious issue raised, as I see it, is the couple of places where the radio guys suggest Higgins had it out for Kentucky, or was betting on the game; that is a serious allegation to make on the air, heck they're alleging crimes - there's an NBA ref in the pokey for doing such a thing. While we don't know how much money Higgins makes reffing games, he obviously was well-regarded enough to be doing it in the final four; coupling that with the alleged encouragement to destroy his business and perhaps harass his family - this case ain't going away soon.

And frankly it shouldn't. I personally don't care for sophomoric sports radio in any event, but to do this crap for days - even if innocently under civil law - these chuckleheads deserve to be deposed, under oath, and claim that their intentions were purely entertainment ...
While I agree with pretty much all of your post, I gave you a like because you used the word chucklehead.
 
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Why I'm not sure, bored perhaps by this awful AL baseball game, I just read the entire complaint, and without knowing a huge amount about some of the issues I'd say this:

1. The claim is not for $75,000. That's just the jurisdictional minimum for a diversity of citizenship lawsuit.
2. Higgins has some very smart lawyers drafting his complaint. I'm sure they knew how to plead it in the best way to get past a motion to dismiss.
3. As for the radio guys repeatedly not encouraging folks to do the things they were at the same time celebrating on the air: I'd guess that the amount of cited statements, taken as true at a motion to dismiss, will keep the issue of whether the hosts were sincere at issue for discovery.
4. The most serious issue raised, as I see it, is the couple of places where the radio guys suggest Higgins had it out for Kentucky, or was betting on the game; that is a serious allegation to make on the air, heck they're alleging crimes - there's an NBA ref in the pokey for doing such a thing. While we don't know how much money Higgins makes reffing games, he obviously was well-regarded enough to be doing it in the final four; coupling that with the alleged encouragement to destroy his business and perhaps harass his family - this case ain't going away soon.

And frankly it shouldn't. I personally don't care for sophomoric sports radio in any event, but to do this crap for days - even if innocently under civil law - these chuckleheads deserve to be deposed, under oath, and claim that their intentions were purely entertainment ...
 
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