Strauss-Kahn Countersues NYC Hotel Maid for $1M
Source: ABC News
The disgraced French politician and former head of the International Monetary Fund said in court papers filed Monday that Nafissatou Diallo (na-fee-SAH'-too dee-AH'-loh) made a "malicious and wanton false accusation" when she said he assaulted her one year ago.
The criminal case against Strauss-Kahn was dismissed after prosecutors lost faith in Diallo's credibility. She then filed a civil lawsuit accusing him of assault.
A judge this month rebuffed Strauss-Kahn's claim that he had diplomatic immunity.
Read more: http://abcnews.go.com/US/wireStory/strauss-kahn-countersues-nyc-hotel-maid-1m-16349855#.T7JZwcWMHc8
This story should make for a *fine* book or Lifetime TV movie one day....
closeupready
(29,503 posts)of winning. But, go ahead and throw your money away.
Lucky Luciano
(11,254 posts)tru
(237 posts)If she can even afford to defend against this.
jberryhill
(62,444 posts)tru
(237 posts)his suit: not clear if an attorney will donate his or her time.
jberryhill
(62,444 posts)There is only one suit - the one she filed.
He has filed a counterclaim in that proceeding. He initially attempted to have her suit dismissed on diplomatic immunity. That motion failed, so he has now filed a counterclaim in that suit.
That's how lawsuits work, and the counterclaim here is no big surprise.
For example - I'm riding my bicycle down the street and run into your car, which I claim was parked in a no parking zone. I sue you for my injuries and damage to my bike. In response to my suit, you get to file, in the same proceeding, your claim that the car was legally parked and seeking compensation from me for the damage to your car.
That is a normal, mundane, everyday feature of lawsuits. Everybody gets their claims on the table in one proceeding.
She is the plaintiff in this proceeding, not him. He is the defendant. He has not filed some kind of separate lawsuit.
No lawyer in the proceeding is "donating their time." The plaintiff's attorney will get more than 40% of any settlement or award, and DSK can readily afford to pay his own lawyers out of pocket. What most contingent fee attorneys bet on is that the defendant would rather pay $(X-1) to settle the case than to pay $X to defend the case, because that is economically rational behavior. In the meantime, the plaintiff's attorney has to deal with not getting much of an income for a long and unpredictable period of time, as well as being bled with expenses for depositions, experts, investigators and so on. The only hope the contingent fee attorney has, in this situation, is to continue to increase the procedural cost for the defendant until the defendant can no longer tolerate the burn rate and settles. I believe in this instance, the plaintiff's attorney has made a poor bet, and that is not a statement about the merits of any position in the suit. IMHO, the assumption of economic rationality on the part of the defendant is a faulty one.
closeupready
(29,503 posts)and really, proving libel or reckless accusations ... I mean, how likely is that?
IMO, chances of surviving litigation are as good as a snowball's chance in hell.
jberryhill
(62,444 posts)She made a criminal accusation which incurred considerable costs, including his confinement and expenses in connection with that proceeding. If a jury finds that the accusation was more likely than not false, then there is substantial liability.
What is it that you expect the defendant to do, exactly?
closeupready
(29,503 posts)He came here knowing full well that if he broke the law or if he was accused of breaking the law, this would be a potential consequence.
Over the ensuing time period since his release and return to France, there have been at least 3 or maybe 4 (or more) accusations leveled against DSK as to his personal sexual morality.
Technically, I don't think it's admissible as evidence against him, but any informed citizen is going to be aware of his alleged licentious behavior, some of which I've read that he has admitted to.
jberryhill
(62,444 posts)Yes, a jury can weigh his credibility against hers.
But, absolutely, you can be held liable in a civil suit for making a false criminal accusation and having someone locked up as a consequence of that.
There are a number of factual allegations which support, or undermine, the credibility of both parties here. That is why we have a set of procedures for vetting and presenting evidence to juries, so that they can decide.
Again, I guess your point is that he shouldn't be defending a lawsuit she filed against him, or something to that effect. With respect to this lawsuit, he is the defendant, and has no choice but to defend it by all procedural means available to him.
closeupready
(29,503 posts)And I think her allegations likely have merit, part. in light of - as I said - later exposes.
That's all.
jberryhill
(62,444 posts)But whether he did the things she alleges in her suit, I have no idea.
LadyHawkAZ
(6,199 posts)I'm very interested in seeing what exactly gets brought into the courtroom.
jberryhill
(62,444 posts)Very few lawsuits ever get near a courtroom. Because the preliminary issue so far has been the immunity claim, we are at least half a dozen dispositive motions, discovery disputes, and motions in limine, well before this ever gets near a jury.
LadyHawkAZ
(6,199 posts)jberryhill
(62,444 posts)LadyHawkAZ
(6,199 posts)the immunity claim had already been shot down. I'll just go put my contact lenses in now...
jberryhill
(62,444 posts)I gather under the DU rules of civil procedure, the defendant isn't allowed to make counterclaims.
cosmicone
(11,014 posts)any rich and powerful male who is accused of something heinous is automatically guilty if the accuser is a poor female worker.
The maid was a schemer and made the whole thing up, her story couldn't stand the smell test, yet she is somehow the victim here.
joshcryer
(62,270 posts)See the post below yours in the main thread for an example.
cosmicone
(11,014 posts)I would take the man's side in this case if the facts were identical, even if it was GW Bush whom I dislike to no end.
It is all about FACTS and evidence. Not some sob story.
Peace Patriot
(24,010 posts)I wouldn't take ABC's word on this (or on anything, for that matter).
The maid who accused him is so unreliable, and lied so many times, that the prosecutors dropped the case. The way I read this (my suspicion about it) is that those who were out to get him--for his anti-"austerity" views--failed. And my sense of this situation is that, yes, he has a libertine lifestyle--he makes no apologies for it--but, no, he is not likely a rapist. Though anybody is capable of any crime--we're all human, with the capacity for murder, rape, theft, etc., depending on circumstances (including, for instance, substance abuse), he just doesn't have the profile or the personality for this crime. It is antithetical to his lifestyle--and counter-intuitive.
In any case, the man has been convicted of nothing. NOTHING! So to ridicule him for counter-suing is highly inappropriate (a couple of posts, here, above mine). If he was, indeed, set up, he has little other choice and he may in fact be admirable for fighting back. Why should his sexual relations with consenting adults be used against him--the way the corporate press has done in this case--crucifying him for his free-spirited lifestyle and convicting him in the press?
Corporate press frenzies like this one are similar to mob rule--to lynchings, to egregious injustice. They may be doing it to him as an exercise in their power, and/or in collusion with covert, pro-"austerity" forces, or because they think he deserves it ('powerful leader rapes maid and gets away with it, feels he's untouchable'). But whatever their motives, in using a phrase like "disgraced" politician" (similar to their use of "authoritarian" and other epithets to describe Leftist leaders in Latin America, for instance, while failing to report facts that say otherwise), it is effectively mob rule, not justice. The prosecutors found that their "victim" was a liar. They had no case. Strauss-Kahn was convicted in the press not in a court of law. Even if he's guilty--which I doubt--he has a right to the presumption of innocence, no matter how rich, powerful or well-connected he is.
The phrase "disgraced politician" is highly prejudicial. It assumes that those who respond, mob-like, to press accusations that are not subject to court proceedings or any safeguards of his rights as a human being, by automatically believing that he is guilty, are correct. Millions of people can "believe" that you are guilty of something and deserve the word "disgrace" and be dead wrong.
I don't think that this is just sloppy journalism (failing to take the time and trouble to accurately characterize an accused person who is, by rights, "innocent until proven guilty" . In truth, his only "disgrace" is that a known liar accused him and the Corporate Press trumpeted that accusation far and wide and added details of his free lifestyle that made him seem guilty (to superficial headline scanners, i.e., most "news" consumers). I think that the phrase "disgraced politician" is quite deliberate--not just sloppy journalism--that is, the Corporate powers behind ABC and other disreputable "news" organizations WANT him to be "disgraced." (This 'news' story bears a lot of resemblance to the one against Julian Assange of Wikileaks and also to the far right frenzy over Bill's Clinton's sexual dalliances.) (I'm talking about the smell--mob rule, or attempted mob rule.)
"Disgraced politician" is a carefully calculated phrase used to convict him without evidence. It is a slimy phrase (like the word "authoritarian" that I mentioned above) that doesn't require facts. Isn't he "in disgrace" because of, um, the scandal around his name? If you asked the average American, "is he in disgrace?," wouldn't they say "yes"? Wasn't he forced out of the presidential race in France because of this "scandal"? (Ha, ha, ABC! The Leftists won anyway!) Doesn't everybody know that he is "disgraced"?
Thus, no facts are required, because everybody "knows" it.
Another slimy journalistic tactic in this article is its opener, that Strauss-Kahn is "striking back against" a "maid." In reality, he is striking back against high-placed, powerful prosecutors, and the entire Corporate Press, who were more than anxious to go after him and make him look guilty, until their case collapsed. He is not likely to get a million dollars, or even one dollar, out of this lawsuit, if it is successful--and it will surely cost him a great deal. He has no legal handle with which to pursue a countersuit against the prosecutors or the Corporate Press. And the "maid" has sued him--in civil proceedings that could ruin him without proving that he committed a crime.
As I said, he has little choice but to countersue--and calling this "striking back" against "the maid," in this context--an accusation of violence (and one that was so weak, the zealous prosecutors were forced to drop it)--is highly prejudicial. It is "yellow journalism"--loading the case. He is not "striking" her; he is defending himself against what he says is, and what well may be, a false accusation. If this accusation ever becomes established as a fact, THEN it might be fair to use words like "striking" a "maid" (or "disgraced" , not before.
jberryhill
(62,444 posts)The first lines make it appear as if he is suing the maid independent of the suit which has been brought against him.
What he is doing is making a counterclaim as the defendant of the suit SHE filed against him.
The expectation, apparently, is that he shouldn't defend the lawsuit or something.
I agree that the article was written by someone who either has no idea what is actually going on procedurally in this suit, or otherwise intended to convey a false impression.
Peace Patriot
(24,010 posts)I think ABC combines both shoddy journalism and bad intentions. Perhaps they hire illiterates and then the editors rewrite to make sure Corporate's points and spin get in there. Result: a poorly written story that doesn't even get basic facts straight but what do they care, as long as it makes the IMPRESSION (on impressionable readers and "news" consumers) that their bosses want?
ABC is among the worst of a bad lot, barely above Faux News for trashy propaganda.
And thanks for the information! I really didn't get this myself. The story is so misleading! It is even worse propaganda than I thought.
Prometheus Bound
(3,489 posts)jberryhill
(62,444 posts)You'll notice that if you google "countersuit" the first result you get is the Wikipedia entry for "counterclaim," which is what it's called in the actual rules.
Maybe it's just me, but the piece makes it seem like he's going after her, rather than taking every defensive maneuver available.
Of course she doesn't have $1M anyway, so it's academic. I had a guy call me up in a panic one day who said, "I need your help! I'm being sued for a million dollars!"
I asked him, "Do you have a million dollars?"
"No!"
"Okay, then let me give you the good news first. You're not going to lose a million dollars."
He was really relieved by that, oddly.
Prometheus Bound
(3,489 posts)cosmicone
(11,014 posts)Prometheus Bound
(3,489 posts)Strauss-Kahn disgraced economist gets 2.61 million results.
Strauss-Kahn disgraced banker does even better at over 3 million results.
He's a disgrace to the human race. Accused rapist. Accused pimp.
4th law of robotics
(6,801 posts)Accused mass-murder, accused summoner of elder Gods, accused financial backer of all of Tyler Perry's movies and sitcoms.
An accusation =/= a conviction.
He may very well be guilty but you can't fairly use an accusation against someone as proof of their evilness.
Prometheus Bound
(3,489 posts)Agree.
Jailed twice in six months in separate countries, once for alleged rape, once for alleged pimping. How many times has that happened to you or anyone you know?
joshcryer
(62,270 posts)Prometheus Bound
(3,489 posts)I don't understand how you can call that man "anti-austerity". He was exactly the opposite. He was basically the architect of Greece's austerity policies: massive spending cuts, widespread privitization, structural reforms, and so forth.
He commented in speeches on the importance of considering workers, but it was just so much bullshit. The austerity he demanded from Greece was all anti-worker. He did what the IMF has always done, demanding severe austerity from terrified politicians in return for an additional 3 months' survival.
He was a fraud.
Amster Dan
(89 posts)Eugene
(61,891 posts)Source: Reuters
By Joseph Ax
NEW YORK | Fri May 18, 2012 7:39pm EDT
(Reuters) - Former International Monetary Fund chief Dominique Strauss-Kahn struck back this week at the hotel maid who accused him of sexual assault with a sharply worded countersuit claiming defamation, but lawyers say the filing could backfire.
Legal experts say Strauss-Kahn's lawsuit could give New York maid Nafissatou Diallo's attorneys greater freedom to present evidence of Strauss-Kahn's sexual history, including allegations involving other women.
Without the defamation claim, "it would have been quite unlikely that they could bring up prior allegations," said David Golomb, former president of the New York State Trial Lawyers Association. "Now I believe he's opened the door to all these things."
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Read more: http://www.reuters.com/article/2012/05/18/us-strausskahn-defamation-idUSBRE84H16N20120518