Brian Burke suing Larry Brooks

[ColoradoHockeyFan]

http://www.news1130.com/news/local/article.jsp;jsessionid=OCKCDAOFFDGL?content=20050414_193338_5608

Brian Burke will be on for his weekly visit during the 10pm PT / 1am ET hour on cknw.com also. I'm sure Dan Russel will try to ask him about this, as well as anything he knows about the NHL Executive meeting, the current negotiations, and the upcoming meetings.

Click to read more...

 

[kmad]

As much as I like Burke, I hate the frivolous lawsuit atmosphere of the states. I hate incompetent journalism as well, but my hatred for lawsuits outweights my hatred for journalism. He loses a few respect points from me despite the lawsuit being legitimate.

 

[Weary]

As much as I like Burke, I hate the frivolous lawsuit atmosphere of the states.

Err..."Papers were filed in BC Supreme Court on April 13th, 2005."

 

[Jason MacIsaac]

Burke should just have beat the living **** out of Brooks. Would have made me feel much better.

 

[octopi]

Burke should just have beat the living **** out of Brooks. Would have made me feel much better.

Beat the living crackers out of the guy, you say? Pretty much describes how the whole Bertuzzi/Moore thing occured in the first place, doesn't it?

 

[Lobstertainment]

Please God It's me Tom...could you please let it be in your heart to let the Post fire/Release/let go brooks over this?!

I'll never chear for the sens in the regular season again I promiss.

 

[think-blue-]

Will be listening to the Burke segment which should come up shortly..

 

[futurcorerock]

Beat the living crackers out of the guy, you say? Pretty much describes how the whole Bertuzzi/Moore thing occured in the first place, doesn't it?

 

[nyrmessier011]

why is he suing him???

 

[futurcorerock]

As much as I like Burke, I hate the frivolous lawsuit atmosphere of the states. I hate incompetent journalism as well, but my hatred for lawsuits outweights my hatred for journalism. He loses a few respect points from me despite the lawsuit being legitimate.

Slander is a big deal for a lot of people and there are no laws to govern if the media can legally print false information that could slander someone.

Simply put, what would be your recourse if the media accused you of doing something you hadn't done. There are a lot of reprocussions involved with what the media prints, such as ridicule from others and general embarassment. Burke could have a harder time finding a job if employers read that he was behind the Moore/Bertuzzi incident. Certainly, a Coaching position in his future could be turned down if an organization saw him as a liability as a result of the false news report.

On the matter, I hope Brooks goes down in flames.

 

[mudcrutch79]

Err..."Papers were filed in BC Supreme Court on April 13th, 2005."

How in the **** is he able to sue in Canada for something published in the US? I hope all the Canucks fans who *****ed about Moore suing Bertuzzi in the US see the irony in this. The reason he's suing here is because it's far easier to win a slander(this is most likely libel, not that it matters) case in Canada, where our protection of speech is weaker than that the American government provides. Funny how that works eh?

 

[Hasbro]

Burke has character to defmate?!

Have the two fight it out with rusty bike chains.

 

[RangerBoy]

Brian Burke should just let this issue go away.Most of the people don't even remember or don't believe what Larry Brooks wrote.This is the same Burke who wrote in the Hockey News that Steven Moore fell on his stick after being pushed by Todd Bertuzzi.

 

[TruGr1t]

How in the **** is he able to sue in Canada for something published in the US? I hope all the Canucks fans who *****ed about Moore suing Bertuzzi in the US see the irony in this. The reason he's suing here is because it's far easier to win a slander(this is most likely libel, not that it matters) case in Canada, where our protection of speech is weaker than that the American government provides. Funny how that works eh?

Your complaint makes no sense. Of course you are going to sue in the arena where you are most liable to win. What the hell...where else would you pursue legal action? The place you have a disadvantage? Additionally...how did you bring Canucks fans into this? A Canuck fan didn't even start this thread.

Go away.

How in the **** is he able to sue in Canada for something published in the US?

Again, what the hell?

 

[no13matssundin]

This might up ending being more interesting than most lawsuits. The reason? Brooks claims that his sources are legit and even legally, it is VERY hard for a court to force a reporter to give up his sources. If Brooks is forced in court to do so, you might see an even bigger fight.

Could be quite interesting.

 

[bleedgreen]

i think its awesome - i cant even remember how many times i wished that guy would get sued for passing rumour as truth....way before the lockout. very interesting to see what comes of this. burke is a smart guy, he wouldnt do this if he didnt feel confidant.

 

[Boltsfan2029]

Your complaint makes no sense. Of course you are going to sue in the arena where you are most liable to win. What the hell...where else would you pursue legal action?

Well, you pursue legal action where venue lies. You can't just pick & choose the forum where you're most likely to win.

If the venue where the suit was filed is improper, you can bet that will be one of the first motions filed by defense counsel. (And to be honest I don't know how venue is determined in a slander case.)

 

[ArtG]

Well, you pursue legal action where venue lies. You can't just pick & choose the forum where you're most likely to win.

If the venue where the suit was filed is improper, you can bet that will be one of the first motions filed by defense counsel. (And to be honest I don't know how venue is determined in a slander case.)

didn't stop Moore from filing a civil suit in Denver..

 

[Steve L*]

Is anyone else thinking "Im hoping Strachan and Garrioch are next"?

 

[nhlfan79]

I'm a lawyer by day (in the U.S., who admittedly has absolutely no knowledge of substantive Canadian law) and can tell you that the answer is so easy as to why the suit was filed in Canada, not here. It's not where the article was written that's important; it's where the alleged "injury" occurred, i.e. in Canada where Burke lives.

 

[Boltsfan2029]

didn't stop Moore from filing a civil suit in Denver..

I suppose I should clarify -- you can file suit in an improper venue if you wish to waste your time. To do it properly, it needs to be filed in the correct venue. If venue is improper where a suit is initiated, a Motion to Change Venue will be filed. The judge in the improper venue grants the motion and the plaintiff (usually) has to pay the costs involved in moving the case to the proper forum.

 

[chara]

Burke has character to defmate?!

Have the two fight it out with rusty bike chains.

Is this more about character or disputing a claim that would have left him and the Vancouver Canucks organization more vulnerable to a lawsuit from Moore's attorneys?

Read the article. Brooks outright implicates Burke as playing a large role in Moore's attack.

 

[Strazzobosco]

The main reason behind htis lawsuit is that this article is more than likely to appear in Moore's lawsuit against Burke, Bertuzzi, and the Canucks. If Burke can prove before those trials that Brooks is full of it through this defamation suit, it'll make the future setllement with Moore that much cheaper!
Then again, does anyone doubt that Brooks is wrong on this one? It does sound very typical of Burke to do something of the sorts.

 

[colonel_korn]

Here's the actual article Burke is suing over:

http://www.nypost.com/sports/41410.htm

I would imagine that the parts he's suing over are:

We can't wait until Burke is asked under oath whether he personally challenged the team to get Moore between periods of the Mar. 8, 9-2 Avalanche victory — that's been the hearsay on the street for months, by the way — or whether he has knowledge of any Canuck employee having done so.

We can't wait for Burke to explain his participation in the plot to retaliate against Moore, who suffered severe damage as a result of the assault, and whose NHL career is likely done because of it.

Those seem to be the most inflammatory parts of the article, at least.

 

[Johnnybegood13]

I'm a lawyer by day

And what are you by night? Doctor?