Woody v. Carter

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Comments

Woody v. Carter et al

The plaintiff has notified defendants' attorneys that he plans to appeal the judges decision to sustain the demurrers (dismiss the case). Although the demurrers were sustained with leave to amend (he could correct his paper and submit again) the plaintiff chose to appeal with the original pleading.

The court order sustaining the demurrers was dated October 31, 2008. The plaintiff has yet to actually petition the court with the appeal. The petition deadline is January 31, 2009, ninety days from the court order.

It appears that the plaintiff's procedure is to wait until the bitter end of any period to file paperwork, so we can expect that nothing more will happen until the end of January 2009.

As a defendant in this case, I see that sort of delay as further harrassment. Of course that's an "opinion" not a fact.

Woody v. Carter et al

Mr. Woody's attorney filed the petition to appeal with the Virginia Supreme Court on January 26, 2009. We are case number 090189. I'm reading a wonderful book called "The Collapse of the Common Good: How America's lawsuit culture undermines our freedom." Perhaps Woody v. Carter et al will be an example in the next edition.

This case

Doesn't the plaintiff need to clearly demonstrate a legally documented & factual loss of business? While I grasp the concept of hurt feelings when dealing with public criticism, a claim of such magnitude seems to demand proof equal to such a claim.

This smacks of a school yard fight, complete with dirt. I suspect had the protest even been restricted to solely the blog, it would still be at this stage. Which is patently an
" I'll show you," litigation and pathetic in the current state of the economy.