Guest guest Posted September 14, 2002 Report Share Posted September 14, 2002 FREEDOM OF SPEECH STILL ROCKS!!!!!! (with apologies to Orpah (who announced on the court doorsteps " Free Speech Rocks " upon the original verdict back in 1998) 08/27/02: " ...and it's over. The verdict on the most recent appeal by " Cactus Feeders " against Oprah Winfrey and Howard Lyman, to a Federal Court has come in. The lawsuit against Oprah and Howard was " dimissed with prejudice. " After almost 6 years and who knows how many millions of dollars in lawyer's fees, the case is over. Oprah and Howard won, and not only that, " Cactus Feeders " , et. al., are not permitted to appeal this verdict to a higher court (i.e., the Supreme Court) or pursue the matter any more. DONE DEAL. The first lawsuit to test " Food Slander " laws has ended. FINAL THREE DOCUMENTS FROM THE FEDERAL JUDGE (and more information on the trial in general): http://www.madcowboy.com/01_BookOP.000.html LITIGATION TRAIL: * Original trial was in February 1998: Amarillo, Texas. During the first trial Oprah and Howard filed for the judge to dismiss the case, she then dismissed the food disparagement portion. The libel portion was allowed to continue. The April 1998 vedict was for Oprah and Howard. * The April 1998 verdict in Oprah/Howard's favor was appealed in the 5th Circuit Court by Cactus Feeders, et. al. A unanimous decision upheld the verdict. * A " re-hearing " was denied. The suit was then filed in State Court by Cactus Feeders, et. al. * The suit filed in State Court was identical to the previously decided in Federal Court. * Howard moved the case from State Court to Federal Court (as he is not a resident of Texas and this is his right under law) * That request to move the case to Federal Court was appealed by Cactus Feeders, et. al., and the Federal Judge denied the request. * On August 27, 2002, the Federal Judge dismissed the case with prejudice, effectively indicating that the case belongs in Federal Court, the Judge had it, and it stays there. Case over, statute of limitations have expired. THE CASE CANNOT BE FILED AGAIN, ANYWHERE... INCLUDING THE SUPREME COURT. News - Today's headlines http://news. Quote Link to comment Share on other sites More sharing options...
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