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Fla. man sued for $15k over negative eBay remark

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OK, right...sorta proves my point...so wheres ebay (the company who makes money just off organising these 'online' contracts) in all this? why have they absolutly no liability in 1) allowing someone to sell an item that is simply not as advertised (the clock didn't work) or 2) allowing someone to slander your name in front of hundreds of millions of people whether fairly or not...

 

i think sooner or later ebay are looking at a defamation lawsuit, or could have even already settled a couple out of court to stp the 'tidal wave'

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ebay has given itself a lot of protections in the user agreement. take a look. you'd be surprised at what's in there, like YOU agreeing to indemnify/pay ebay's legal fees if they ever get sued relating to one of your transactions, etc. and a whole lot more.

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Actually I bought a 1972 Gran Torino Sport with it..

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oh my goodness, my family had exactly that car, in green.

 

i hated it as it was a 2 door and it was a PITA for the kids to pile up in the back

 

someone who was renting from them sold it to them for $500 in like 1980.

 

what a frigging engine on that car though. when my dad would hit a straight empty patch of highway he'd gun that up to like 150 sometimes in short spurts.

 

i think the engine or transmission died and as it was not really a practical car for the family (my folks had been using it as their #2 car mostly) and they wound up basically selling it to someone who hauled it off when it died. probably got a $100 for it and if that someone was smart they fixed it up and made it run again.

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OK, right...sorta proves my point...so wheres ebay (the company who makes money just off organising these 'online' contracts) in all this? why have they absolutly no liability in 1) allowing someone to sell an item that is simply not as advertised (the clock didn't work) or 2) allowing someone to slander your name in front of hundreds of millions of people whether fairly or not...

 

i think sooner or later ebay are looking at a defamation lawsuit, or could have even already settled a couple out of court to stp the 'tidal wave'

-------------------

 

ebay has given itself a lot of protections in the user agreement. take a look. you'd be surprised at what's in there, like YOU agreeing to indemnify/pay ebay's legal fees if they ever get sued relating to one of your transactions, etc. and a whole lot more.

 

there's the problem then...i don't read small print...:whee:

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A question for the lawyers... Would this suit have gotten anywhere if the defendant and plaintiff were in different states?

 

I'm wondering if there would be a jurisdictional issue if the negative feedback had originated from someone in, for example, Washington state... Could he be sued in a Florida court for an action taken outside the state? Or could the plaintiff have pursued the case only by filing suit in a Washington court? (shrug)

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A question for the lawyers... Would this suit have gotten anywhere if the defendant and plaintiff were in different states?

 

I'm wondering if there would be a jurisdictional issue if the negative feedback had originated from someone in, for example, Washington state... Could he be sued in a Florida court for an action taken outside the state? Or could the plaintiff have pursued the case only by filing suit in a Washington court? (shrug)

 

That is alot of good judicial speak about the Amercian justice system, coming from a Canadian lol

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A question for the lawyers... Would this suit have gotten anywhere if the defendant and plaintiff were in different states?

 

I'm wondering if there would be a jurisdictional issue if the negative feedback had originated from someone in, for example, Washington state... Could he be sued in a Florida court for an action taken outside the state? Or could the plaintiff have pursued the case only by filing suit in a Washington court? (shrug)

 

Screw you, Loki, this is like a bar question. :mad:

 

It is very complicated, but to boil it down, most states have long arm statutes that allow their jurisdiction to "reach out and touch" someone outside the boundaries of that jurisdiction, provided that the person being sued has established certain minimum contacts with that state. Enough sales activity in that state could be sufficient for the long arm statute to establish jurisdiction, but as i said, it is fairly complicated.

 

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A question for the lawyers... Would this suit have gotten anywhere if the defendant and plaintiff were in different states?

 

I'm wondering if there would be a jurisdictional issue if the negative feedback had originated from someone in, for example, Washington state... Could he be sued in a Florida court for an action taken outside the state? Or could the plaintiff have pursued the case only by filing suit in a Washington court? (shrug)

 

Screw you, Loki, this is like a bar question. :mad:

 

It is very complicated, but to boil it down, most states have long arm statutes that allow their jurisdiction to "reach out and touch" someone outside the boundaries of that jurisdiction, provided that the person being sued has established certain minimum contacts with that state. Enough sales activity in that state could be sufficient for the long arm statute to establish jurisdiction, but as i said, it is fairly complicated.

 

 

You managed to make that sound dirty. It's a gift.

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Sorry, I didn't mean to stress you out about it... ;)

 

I've always been a bit unclear on jurisdiction with respect to internet based legal disputes. I'll be really curious to see how this turns out. I can foresee a lot of nuisance lawsuits depending on the outcome.

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well, libel and such is one of those torts where it's easier to get jurisdiction in a plaintiff's home state even if the defendant has nothing to do with the state. something along the lines of where the injury from the statement is felt and so on, but that's more like a libelous article in a magazine, this sort of thing is a bit less common

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