9 thoughts on “Pigford”

  1. it’s standard to sue the estate, if the claim survives.

    I imagine if you, rand, were to pass untimely, Mann would continue the lawsuit
    against your estate.

    Breitbart had a few years to settle his case with Shirley Sherrod, he chose to continue it,
    don’t be surprised if the case continues, now.

      1. Rand.

        While you may believe Shirley Sherrod has no case, US Federal Judge Leon does. So does the
        DC court of Appeals.

        DN

        So, if you were Advising the Breitbart estate, would you suggest it defend claiming truth, or rhetorical hyperbole or mere vulgarity, or perhaps Libel-Proof plaintiff?

  2. The weird thing here is that Sherrod was fired unjustly by the US government. They even went as far as to offer her some sort of position in compensation. So why is she suing Breitbart instead of the US government? I wonder if perhaps she incriminated herself in some way during her resignation.

  3. Karl,
    She is suing Breitbart and now the estate for “Defamation.False Light and Emotional Distress”, these are similiar charges to what, Mann is suing Rand for. While Sherrod has a Merit Systems Protection Board claim from the USDA, she has not pursued that. She has however pursued a civil tort claim against Breitbart. It would be as if Breitbart had accused her of being a communist, she were to be fired, she would still retain a claim against Breitbart, even though her primary claim is against the feds

    1. She is suing Breitbart and now the estate

      Sherrod is not suing the estate nor has she made any motion to do so. Quit defaming Sherrod and read at least one of the links before writing stupid things.

      1. http://www.politico.com/blogs/under-the-radar/2012/03/shirley-sherrods-suit-against-andrew-breitbart-likely-116078.html

        “Courts have a fairly straightforward and unemotional way of dealing with deaths, even one as sudden and headline-grabbing as Breitbart’s. Normally, some party or attorney files a “suggestion of death.” In a civil case, the person’s estate is usually substituted for the person who died. So, Breitbart’s estate would ordinarily be liable for any damages that would have been awarded against him. Legal Times pointed out Thursday that Breitbart’s estate’s defense could be weakened by his death, since he would not be available to testify.”

        http://legaltimes.typepad.com/blt/2012/03/blogger-breitbarts-death-will-not-affect-defense-in-defamation-suit-colleague-says.html

        “Dow Lohnes partner Michael Rothberg, who practices media law but is not involved in the case, said that in circumstances where a defendant dies, the plaintiff can substitute that person’s estate in his or her stead. It involves “procedural hoops,” Rothberg said, but the plaintiffs aren’t required to prove anything substantive, such as whether the case is likely to succeed.

        The death of a defendant can put the defense at a disadvantage, Rothberg said, since that person will no longer be available to testify at trial. Public statements the defendant might have made that were against their interests are admissible under the rules of evidence, he said, but statements made in favor of his or her own interests are not.”

        There seems little reason for Sherrod to dismiss the Breitbart estate.

    1. ““[A] surviving spouse who receives a decedent’s property without administration becomes
      personally liable or decedent’s debts chargeable against such property, within limits.”

      The debts and liabilities of Andrew Breitbart survive his death.
      It’s a pity but it is what it is.

Comments are closed.