I’m Gonna Get Sued Again (King, Have Your Guy Serve Me At The Radio Station, Our Listeners Like That)
/Regular listeners of the radio show have heard me get served legal papers on the air, usually from a politician I made mad. We joke that I managed to drag Bob into a lawsuit or two.
We’re in the middle of a lawsuit now. Unfortunately, our lawyer won’t allow me to talk about it and since the one thing I have learned from all the times I’ve been dragged into court is always listen to your lawyer, I will not talk about this current lawsuit.
The other thing I’ve learned from all the times I’ve been dragged into court is that if I’m going to push the envelope – do not tell my lawyer until after I do it. It’s that whole “it’s better to ask for forgiveness than permission” thing.
I mention all this because after yesterday’s blog post about the verbal assault on Jack Ciattarelli’s wife Hirsh Singh’s tough guy, Bluetooth wearing, campaign manager King Penna has threatened me with legal action.
Bring it King! I look forward to discovery, it could be fun. The only thing I ask is that the process server bring the papers to the radio station and serve me on the air, our listeners seem to like it when that happens. The last process server was a nice guy, but he wouldn’t come into the studio.
Whatever you do King, don’t let your lawyer send the papers to an address I haven’t used in 15 years like Alan Zakin did when he filed papers against you and tried to drag me into it. I still haven’t received those papers but I did read them in a New Jersey Globe article. That same article mentions “a dossier” that alleges Penna, “had been indicted on child endangerment charges in 2009 and that he entered into a plea agreement.”
In other words, expunged or not, it has been in the public domain and is therefore fair game. Don’t take my word for it, take a look at G.D. vs Bernard Kenny and the Hudson County Democratic Organization, Inc. The state Supreme Court said, “Although our expungement statute relieves a prior offender of some civil disabilities, it does not extinguish the truth.” Additionally, the court said, “The panel reasoned that because the information in the flyers was true-and that truth could not be extinguished by the expungement order-G.D. could not satisfy an essential element of a defamation cause of action.”
I didn’t say anything that isn’t true in yesterday’s blog post. So long as I do not “knowingly” release expunged documents I am not violating the law.
I’ve been down this road before, even charged criminally, and had the case dismissed. Unlike Penna, I didn’t hide behind a fake name, “Patrick Flake,” or a shell company registered in Wyoming. I stand behind my work!
Also, just to be clear, you cannot sue me for “liable.” The word is “libel” moron!
So, with all that said, I welcome a phone call from King Penna’s lawyer.
Finally, because restraining orders are civil matters and cannot be expunged and because threatening me with legal action is never a good idea, I present you with a restraining order that was once filed against King Penna by a “former business partner/girlfriend.”
While the pdf is difficult to read, on page 3 in answer to the question “Any prior history of domestic violence,” you can read the words, “verbal harassment” and “physically threw her against wall.”