Sonny Tufts
Member
- Joined
- Apr 25, 2012
- Messages
- 2,925
This is what you previously said (bold emphasis added):"So" conveys the meaning of "thus" or "therefore", implying that any "egregiousness" in the degree of liability found was caused or warranted (at least in part) by Jones' disobedience to the court, rather (or in addition to) the conduct alleged by the plaintiffs. If it is the case that you did not intend to convey that implication, then so be it - but it is the reasonable inference to have been drawn from what you said. (Even if the degree of liability found for the conduct alleged by the plaintiffs was warranted, then it would still have been so, regardless of any disobedience to the court by Jones - thus, the explicit association of the latter to the former in your statement only served to reinforce that inference).
Look, its very simple: the default judgment simply found liability; it didn't determine the amount of damages. Jones's disobedience of court orders had everything to do with the former but had nothing to do with the latter. In addition, the default judgment was rendered by the judge, while the damages were determined by the jury. Two entirely separate issues.
Whatever one thinks of the obnoxiousness of Jones' defamation of mass shooting survivors as "crisis actors" and such, the notion that it rises to the level of imposing ruinous 10-figure damages so great that they can never reasonably be hoped to be recovered is grotesquely absurd. It is neither compensatory nor (justly) punitive, but only viciously destructive.
I suspect you might feel differently if you had been one of the parents whose child was murdered, who had been accused of being a crisis actor, who had been told the whole thing was a hoax, and who had been subjected to death threats.
For what it's worth, I fully expect an appellate court to reduce the amount of punitive damages.