Just don't get your hopes up. I wouldn't want precedent where some celebrity risked paying damages for calling Rush Limbaugh a POS who deserved to die and causing grief to his family. Yes I get Limbaugh was a POS but the point is the grief to the family over words not the deceased.
Does English tort law apply in the United States? As far as I know it applies in the commonwealths and we do borrow from their system but my gut says no.
but the point is the distress to the family not lies said. If someone said flowery language for Floyd that was clearly untrue, that wouldn't be factual but likely wouldn't cause distress either. Additionally, I've never seen a case won over "distress/hurt feelings"
Agree to disagree.My prediction is Kanye settles but unfortunately we wont know the amount.I think it will be more than they got from the city but less than 250 million.
hopefully....you can pm Ocho if you care enough and want a more nuanced legal opinion but I think I know where he'll land.
Kanye said Floyd died from drugs.... I dont think this is the same as saying all the kids shot in Sandy Hook were crisis actors and constantly harrassing the parents about it and repeatedly calling it a hoax and fake. Kanye had a tweet and that tweet did not singularly cause the floyd family any harm because thousands of people are saying worse shit about floyd all over the message boards and in the media. This is not a first amendment issue because it is between two private parties. However the courts are not going to entertain lawsuits everytime someone posts sometehing that hurts your feelings. Alex Jones did not just post something once, it was years of harrassment, messages, pushing an agenda and using multiple media outlets to support a message 100% known to be false and called out as such but completly ignored and used to harrass people with emotional damage. Alex Jones was above and beyond the call of duty in his harrassment and infliction of emotional distress on the fmailies of Sandy Hook and the fmailies of the survivors. I dont think Kanye's tweet was an attack on Floyd's family or caused repeated harrassment or repeated infliction of emotional damages. Kanye said he believe Floyd died of drugs and the examiner even said it contributed. It is stupid but not an offense equivalent to what Alex Jones did for years and years and what he caused others to do to the families. You can sue for anything but I am pretty sure Kanye aint settling for shit. you all forget Kanye is worth $2 billion and he aint paying anyone over this and Floyd family will have to take it all the way if they really want money. we cannot predict the result of a civil suit because the law is not cut and dry and juries determine decisions but I feel Kanye's lawyers can cut this down as a money grab and lack of cause of action. Because a court knows if it supports this lawsuit then Floyd can sue every person in the media and internet who says a bad thing about Floyd. Floyd was on drugs so saying he had drugs is not libel or slander or talking about his past. Saying he died from drugs is more stupid and ignorant than Alex Jones conspiracy crazy.