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Thread: Elmo's just curious ! Elmo guy & his sexual harassment case dismissed

  1. #1
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    Elmo's just curious ! Elmo guy & his sexual harassment case dismissed

    http://www.cnn.com/2013/07/01/showbi...its-dismissed/

    A SOL issue .. not on the merits.

    Sheldon Stephens, now 24, was the first to the first to publicly claim he had a sexual relationship with Clash as a teen. Stephens called it an "adult consensual relationship" in November 2012, but filed a lawsuit in March 2013 alleging Clash threw a crystal meth sex party for him in 2004, when he was 16.


    Homosexual relationship it appears.

    And who doesn't like meth? lol

  2. #2
    Campaign Veteran skidmark's Avatar
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    Start lobbying New York to abolish the statute of limitations for civil suits. Or start spreading the word that if you are going to sue somebody for some nasty they did you have to do it sooner rather than later.

    I wonder why the court did not sanction the attorneys for the plaintiffs, as those attorneys should have known about the statute of limitations and been able to use their fingers and toes to figure out if it was too late to file.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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  3. #3
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    why no sanctions for filing past SOL?

    Well, it could be (and it is in my state), that SOL is an affirmative or special defense. A great defense but still one that has to be pled. One cannot know if the defendant is willing to waive the SOL.


    http://www.courtstreetlaw.com/articl...lpractice.html

    Seems like it is an affirmative defense in NY ...

    I had a civil suit where the defendant claimed SOL as an argument after they filed their answer to a complaint I filed...argued at trial. I motioned to strike it since they never offered it as an affirmative or special defense in their response to the complaint. Judge agreed and took it off the table. They would not have won anyways but it saved a hassle.
    Last edited by davidmcbeth; 04-24-2014 at 02:39 AM.

  4. #4
    Campaign Veteran skidmark's Avatar
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    Talk about convoluted!

    A "statute of limitations" is only something you can claim as an affirmative defense - which generally means "Yes, I done did it but it's too late for you to complain about it."

    As opposed to "It's too late for you to complain. Go away."

    Humpty Dumpty land.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  5. #5
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    Quote Originally Posted by skidmark View Post
    Talk about convoluted!

    A "statute of limitations" is only something you can claim as an affirmative defense - which generally means "Yes, I done did it but it's too late for you to complain about it."

    As opposed to "It's too late for you to complain. Go away."

    Humpty Dumpty land.

    stay safe.
    I think that many cases past SOL actually go to a full hearing ... for many reasons.

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