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March Wrasslin' |OT| Forecast for Wrestlemania...cloudy with a heavy chance of Reigns

D

Deleted member 47027

Unconfirmed Member
It would be Punks word vs Z-Paks word and the difference is that Punk could have evidence to corroborate his story.

Would he?

To prove negligence you have to do a few things. First, prove that it was Dr Amann's duty to keep this from happening - that is complete. It was his duty as WWE doctor. Next up though you have to prove that he did not act as a reasonably prudent person would in his duties. That is going to be a tough point.

Hang on I'm getting ahead of myself. Did Punk countersue? Or am I yakking a bunch about something that doesn't matter because Punk isn't countersuing?
 

Sephzilla

Member
The average guy on the roster would get buried so fucking hard for doing stuff like that. Unfortunately most can't really stand up for themselves.

It also doesn't help that the #1 full-timer, Cena, is basically a corporate guy.

Would he?

To prove negligence you have to do a few things. First, prove that it was Dr Amann's duty to keep this from happening - that is complete. It was his duty as WWE doctor. Next up though you have to prove that he did not act as a reasonably prudent person would in his duties. That is going to be a tough point.

Hang on I'm getting ahead of myself. Did Punk countersue? Or am I yakking a bunch about something that doesn't matter because Punk isn't countersuing?

It's a defamation of character lawsuit, isn't it? The case is more that Z-Pak has to prove that Punk's story isn't true more so than he has to prove he isn't a negligent doctor.
 
The average guy on the roster would get buried so fucking hard for doing stuff like that. Unfortunately most can't really stand up for themselves.

If what Dirt Sheets and Alberto Del Rio said was true about the level of WWE pay at the moment, I sort of wonder why WWE Guys aren't speaking up. If they get fired... they can go do the indie scene and make 'good' money? Chances are they're lazy gits who are happy with their situation.
 
Not at all. Even there, he has to prove that his doctor, and WWE's doctors, were negligent in what they did. Diagnosing something (even if incorrectly diagnosed, that does not prove negligence assuming WWE's doctors did what was expected given the symptoms present) incorrectly isn't damning. It has to be considered negligence.

Nope, that is not correct. WWE is suing him for libel. THEY are the ones that have to prove that he knowing made inaccurate statements and that this caused them financial harm.
 
D

Deleted member 47027

Unconfirmed Member
Real simple then - Dr Amann is suing in essence of defamation of character.

A few questions.

1. Has what Punk said been published - i.e. witnessed by others? Oh easily.
2. Have the defamation statements been proven false? Up in the air, that's what we'll find out over the next couple years.
3. Are the statements injurious to Dr. Amann? Absolutely. His professional reputation, not JUST his current employment status, are at risk. Your reputation is very important when it comes to being a doctor.
4. Was it an unprivileged statement? Absolutely.
 

Heroman

Banned
If what Dirt Sheets and Alberto Del Rio said was true about the level of WWE pay at the moment, I sort of wonder why WWE Guys aren't speaking up. If they get fired... they can go do the indie scene and make 'good' money? Chances are they're lazy gits who are happy with their situation.
What did does the wwe pay?
 
What did does the wwe pay?

ADR recently suggested that the level of pay was terrible due to PPV 'Bonuses' being lost due to The Network's coverage. There's no real proof of this, other than word of mouth and gossip. It has been mentioned a few times over the last 12 months though.
 
Real simple then - Dr Amann is suing in essence of defamation of character.

A few questions.

1. Has what Punk said been published - i.e. witnessed by others? Oh easily.
2. Have the defamation statements been proven false? Up in the air, that's what we'll find out over the next couple years.
3. Are the statements injurious to Dr. Amann? Absolutely. His professional reputation, not JUST his current employment status, are at risk. Your reputation is very important when it comes to being a doctor.
4. Was it an unprivileged statement? Absolutely.

You're right that point 2 is the key issue but Amman / WWE have to prove that Punk's statements were knowingly false, not just wrong.
 

MC Safety

Member
Would he?

To prove negligence you have to do a few things. First, prove that it was Dr Amann's duty to keep this from happening - that is complete. It was his duty as WWE doctor. Next up though you have to prove that he did not act as a reasonably prudent person would in his duties. That is going to be a tough point.

Hang on I'm getting ahead of myself. Did Punk countersue? Or am I yakking a bunch about something that doesn't matter because Punk isn't countersuing?

As I understood it, Dr. Annan is suing Punk and Cabana for defamation.

I believe part of a defamation suit is being able to prove real damages. As in, Annan's suffered monetary losses as a direct result of Punk and Cabana's statements. I'm not sure that's entirely possible given the man is still employed in private practice for the WWE as its head doctor (?).
 

Sephzilla

Member
Real simple then - Dr Amann is suing in essence of defamation of character.

A few questions.

1. Has what Punk said been published - i.e. witnessed by others? Oh easily.
2. Have the defamation statements been proven false? Up in the air, that's what we'll find out over the next couple years.
3. Are the statements injurious to Dr. Amann? Absolutely. His professional reputation, not JUST his current employment status, are at risk. Your reputation is very important when it comes to being a doctor.
4. Was it an unprivileged statement? Absolutely.

Not if what Punk said is true.
 

bjork

Member
I can't get into One piece pacing is to slow for my taste

It does take its time, but it's got such good world building and tying everything together with just enough slow-drips of information to keep it interesting.

My favorite stuff to read is still delinquent manga, though. They're basically war stories about taking over other people's land, but dudes dressed like rockabillies hitting each other with sticks and stuff. So good.
 

Angry Grimace

Two cannibals are eating a clown. One turns to the other and says "does something taste funny to you?"
It also doesn't help that the #1 full-timer, Cena, is basically a corporate guy.



It's a defamation of character lawsuit, isn't it? The case is more that Z-Pak has to prove that Punk's story isn't true more so than he has to prove he isn't a negligent doctor.

No, Amann needs to show actual malice (e.g. he either knew it wasn't true or he acted in reckless disregard of the truth or falsity of the statement).
 
B_HGT68XAAI34F6.jpg
 

jmdajr

Member
If what Dirt Sheets and Alberto Del Rio said was true about the level of WWE pay at the moment, I sort of wonder why WWE Guys aren't speaking up. If they get fired... they can go do the indie scene and make 'good' money? Chances are they're lazy gits who are happy with their situation.

To some it's just a job. Nothing wrong with that. But sure if you care about the "brass ring" you gotta take some risks, and that means potentially getting fired.
 

Sephzilla

Member
I'm ready for another live action Street Fighter movie, dammit!

The Street Fighter movie is one of those bad movies that I like for being so bad. That and Raul Julia eating up all of the screen time he gets. The reason why Raul Julia took that role is both sad and really touching though.

If what Dirt Sheets and Alberto Del Rio said was true about the level of WWE pay at the moment, I sort of wonder why WWE Guys aren't speaking up. If they get fired... they can go do the indie scene and make 'good' money? Chances are they're lazy gits who are happy with their situation.

I honestly think part of the reason the roster doesn't speak up / is afraid of getting fired is because a lot of the roster grew up as 90s marks and to them this is their precious dream job.
 

Aiii

So not worth it
No, Amann needs to show actual malice (e.g. he either knew it wasn't true or he acted in reckless disregard of the truth or falsity of the statement).

That's not right, Amann needs to proof that he never saw Punk's infection. Punk on the other hand needs to provide evidence that he did. His wife being in WWE actually helps him, if AJ testifies that Punk saw the doctors and was taking the Z-Pak's that essentially proofs Punk wasn't lying. Along with that, he can have AJ's Tampa doctor that treated Punk testify that that part of the statement is correct and he is pretty much in the clear along with the fact that the doc never lost employment or income. No monetary penalty, no false statement, no merit to his claim.
 
D

Deleted member 47027

Unconfirmed Member
That's not right, Amann needs to proof that he never saw Punk's infection. Punk on the other hand needs to provide evidence that he did. His wife being in WWE actually helps him, if AJ testifies that Punk saw the doctors and was taking the Z-Pak's that essentially proofs Punk wasn't lying. Along with that, he can have AJ's Tampa doctor that treated Punk testify that that part of the statement is correct and he is pretty much in the clear along with the fact that the doc never lost employment or income. No monetary penalty, no false statement, no merit to his claim.

Close - Dr. Amann needs to prove that he saw Punk's infection and treated it according to generally accepted guidelines. Also, regarding damages, proving defamation isn't easy. To prevail, you must prove that the defendant made a false statement to another person, and the statement harmed one’s reputation. If the statement was true, you will lose. If the statement was an opinion, you will lose.
 

Sephzilla

Member
M Bison - Sycho Sid
Vega - Fandango
Balrog - Mark Henry
Sagat - Randy Orton
Guile - Jack Swagger (just because Thonic Boom would be hilarious to hear)
Fei Long - Hideo Itami
Zangief - Rusev

Cena would be Gill from Street Fighter 3, because good fucking luck going over on him
 

Aiii

So not worth it
AJ Lee is in New Jersey and is scheduled to return at tonight's RAW in Newark.

Word going around RAW today is that WWE is planning on doing AJ and Paige vs. The Bella Twins at WrestleMania 31.

Or Steph is gonna hurt her for mouthing off on The Twitter Machine.
 
Or Steph is gonna hurt her for mouthing off on The Twitter Machine.

Steph/AJ in a Lion's Den match. If AJ wins, WWE has to publicly release their medical records showing that CM Punk actually did show that staph infection lump to Dr. Amann. If Steph wins, AJ's fired.
 

Cagey

Banned
They could do this in the UFC!

Paul "Triple H" Levesque and Stephanie Levesque-McMahon v. Phil "CM Punk" Brooks and April "AJ Lee" Brooks.

The first ever married-couple carny tag team tornado UFC match

The Levesques are -560 favorites.
 
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