TurkeysGhost
Penultimate Amazing
- Joined
- Apr 2, 2018
- Messages
- 35,043
We don't know what the evidence was. CNN et al. attempted to get the trial thrown out, and it wasn't. That means it went to discovery. So there's a significant possibility that additional evidence did emerge, but has not been made public because of the NDA.
And the press has no better defense than anyone else against defamation claims. Public figures have a much higher burden in proving defamation, and they're the ones we normally think of the press as going after, but this kid wasn't a public figure so that higher threshold doesn't apply.
This is something I'm out of my depth on, but respected lawyers with experience in the field of defamation are the ones scoffing at the idea that Sandmann walked away with a substantial payout. His lawyer barely saved the case, because nearly every one of his motions were dismissed in a preliminary hearing, which means that the judge saw no possibility of prevailing. Only after an amended filing did 3 narrow claims make it through.
Like you say, that leads to discovery. Seems much more likely that a settlement with a nominal payout was intended to avoid discovery because it can be expensive, rather than trying to avoid damning evidence coming to light.
I'll just leave this source here, it wasn't really my intention to derail the thread.
https://lawandcrime.com/media/some-lawyers-think-covington-catholics-nick-sandmann-walked-away-from-media-lawsuits-with-peanuts/
My larger point is that a high profile case is undoubtedly good for Lin Wood, but it remains unclear if his involvement will be a benefit to our shooter accused of a variety of serious felonies.
This time around, there will be no NDA settlement, so we'll get an answer eventually.
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