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From: skyler@violet.berkeley.edu
Newsgroups: misc.legal,news.admin
Subject: Lawsuits (and countersuits)
Message-ID: <12230@agate.BERKELEY.EDU>
Date: 19 Jul 88 04:16:27 GMT
Sender: usenet@agate.BERKELEY.EDU
Reply-To: skyler@violet.berkeley.edu ()
Organization: University of California, Berkeley
Lines: 34

What Mark Smith may not realize is that one can be counter-sued for a
lawsuit.  He may want to find out about caprice.

Those people who have been threatened with a lawsuit should probably
save copies of those articles which warn MES that a lawsuit would be
pointless.  As I understand it, prior knowledge that a suit is groundless
is an important part of a counter-suit.

This suit is groundless.

The laws cited require proof of _discrimination_ in _employment or hiring_.
MES is not an employee of any of the sites he is threatening, nor is he
applying for a job there.  

Then, and only then, does the question of whether or not using "she" is
discriminatory become relevant.  

MES keeps saying that he must act as his own attorney because he does not
have any money.  Anyone who is poor can get an attorney under most circum-
stances by contacting the local bar association.  Attorneys are required
to do a certain amount of _pro bono_ work.  MES should contact the Alameda
County Bar Association and then talk to an attorney about this suit.  He
should particularly ask about caprice and malicious prosecution.

Let's assume, for the sake of argument, that using "she" is discriminatory;
let's assume that it's just like calling someone a "mick."  If I called
up a friend of mine and kept referring to "micks," that would be rude,
racist, and stupid, but I would be within my rights.  If an Irish person
joined the conversation, just for fun (it wasn't their job and it wasn't
going to hurt their job or career not to listen to the conversation) I
would be especially rude, but I would still be within my rights.

-Trish
skyler@violet.berkeley.edu