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  1. #21
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    Dec. 7, 2006
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    867

    Default

    Quote Originally Posted by aurum View Post
    Could someone please tell me who the Plaintiffs lawyer was? Thanks.
    Don't know his name, but he was from the firm of Dewy, Cheetham and Howe.


    3 members found this post helpful.

  2. #22

    Default

    Regarding this case.

    Horse Breeder Sued for Defamatory Facebook Postings, Loses

    One of our attorney analysts looks at it. Hope it is helpful.


    1 members found this post helpful.

  3. #23
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    Sep. 9, 2012
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    Virginia
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    Default Courts ruling on Ebersole Vs Mrs. Perry

    Facebook “likes” admissible but punitives cut in defamation case

    September 5th, 2012 · No Comments · Damages, Defamation, Evidence


    A dog trainer who claimed he was defamed by online accusations of animal abuse was entitled to tell a jury how many people “liked” the offending Facebook page, a federal judge has ruled.

    Nevertheless, U.S. District Judge James Cacheris said the jury’s “grossly excessive” $60,000 punitive damages verdict in favor of the dog trainer should be cut by three quarters. Cacheris says the defendant can either accept the reduction of punitives to $15,000 or take a new trial.

    Cacheris’ post-trial rulings come in a case with a long back story. Dog trainer Russell Ebersole served time in a federal prison for providing the government with bomb-detecting dogs that could not detect bombs. In 2011, local authorities in Frederick County began investigating claims of animal abuse at Ebersole’s facility.

    Believing she had witnessed such abuse herself, a Loudoun County horse breeder began posting graphic accusations of animal cruelty against Ebersole on her Facebook page. Bridget Kline-Perry claimed dogs were kicked, choked and shocked at Ebersole’s facility.

    Ebersole denied the claims and an Alexandria federal jury awarded Ebersole $15,000 in compensatory damages for defamation and business conspiracy and $60,000 in punitive damages.

    Kline-Perry asked for a new trial in part because Ebersole had put on evidence of 5,000 “likes” appearing on her Facebook page. She argued the “likes” evidence invited speculation about whether the people who “liked” her page had actually read the statements she posted about Ebersole.

    Denying the motion, Cacheris said the number of “likes” was a measure of the website’s popularity, helping to show how widely disseminated her accusations were and demonstrating her intent to reach a large audience.

    There are limits to the usefulness of the “likes” evidence, however, according to Cacheris. When Ebersole’s lawyer suggested the jury award him $20 for every Facebook “like,” the suggestion was “ungrounded and arbitrary,” Cacheris wrote.

    Cacheris found the $60,000 punitive damage award, eight times the amount of compensatory damages for libel, was “constitutionally suspect.” Kline-Perry’s conduct, the judge found, was not “extraordinarily reprehensible.”

    Among the factors the judge considered: the harm was economic not physical, the statements at issue were an isolated incident limited to a four-day period, and Kline-Perry was motivated to protect animals rather than to harm Ebersole.


    1 members found this post helpful.

  4. #24
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    Sep. 9, 2012
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    Virginia
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    4

    Default Wrong info

    Quote Originally Posted by JB View Post
    The story I read was that someone accused the kennel guy of illegally training dogs to sniff out bombs, but the dogs couldn't do it, so that case was dropped.
    Mr. Ebersole was convicted of having bomb dogs that could not find the bombs. He was convicted on 26 counts and spend 6 1/2 years in Federal Prison.

    Perhaps you need to type in Russell Lee Ebersole and DDADE and read what comes up.


    2 members found this post helpful.

  5. #25
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    Jul. 25, 2002
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    MI
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    1,271

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    Quote Originally Posted by Ravencrest_Camp View Post
    Don't know his name, but he was from the firm of Dewy, Cheetham and Howe.
    Goodness, what a great laugh. I haven't heard anything about that practice in a long time.!!
    It's not true that I had nothing on. I had the radio on.”
    ? Marilyn Monroe


    1 members found this post helpful.

  6. #26
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    Sep. 9, 2012
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    Virginia
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    Default Judges recent opinion on Ebersole vs Bridge Kline Perry

    http://valawyersweekly.com/vlwblog/


    Check out the judges recent opinion.

    You have to scroll down some.



  7. #27
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    Sep. 9, 2012
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    Virginia
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    4

    Default recent judges opinion

    Quote Originally Posted by Ravencrest_Camp View Post
    Don't know his name, but he was from the firm of Dewy, Cheetham and Howe.
    http://valawyersweekly.com/vlwblog/



  8. #28
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    Jun. 11, 2004
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    Still here ~ not yet there
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    6,496

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    Quote Originally Posted by Laurierace View Post
    I read this as Norcrest farm and my first thought was "she should talk!"
    Took the words right o/o my mouth...



  9. #29
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    Oct. 21, 2004
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    Winchester, VA
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    28

    Default

    Perhaps all those who slammed Ms. Perry should now read this article.
    Remember there are TWO SIDES to every story!!!!


    http://www.nvdaily.com/news/2012/11/...uit-print.html


    2 members found this post helpful.

  10. #30
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    Oct. 21, 2004
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    Winchester, VA
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    Default

    Perhaps all those who slammed Ms. Perry should now read this article.
    Remember there are TWO SIDES to every story!!!!


    http://www.nvdaily.com/news/2012/11/...uit-print.html



  11. #31
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    Mar. 24, 2004
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    Pottstown, PA (East Coventry)
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    3,069

    Default

    Oh, well, clearly you're not thoroughly indoctrinated to COTH yet, because finger pointing and drawing conclusions are the cornerstones of this great online community. (Tidy Rabbit)



  12. #32
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    Oct. 21, 2004
    Location
    Winchester, VA
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    Default

    Kennel owner faces animal cruelty charges after winning lawsuit



















    By Joe Beck

    A Frederick County kennel owner, who won $30,000 in a defamation lawsuit against a Purcellville woman after she accused him of dog abuse, faces 13 counts of animal cruelty in indictments issued against him Thursday in circuit court.

    The indictments against Russell Lee Ebersole form a grim litany of accusations, including hanging dogs from the neck, choking, beating and kicking, hitting with a PVC pipe and electric shocking.

    The indictments identify a Doberman and several mixed breed dogs among the victims of the alleged abuse. Some of the indictments also contain the names of the dog owners.

    The dates of the alleged offenses range from August 2009 to September 2011, according to the indictments.

    Ebersole, 52, of 667 Walters Mill Lane is scheduled to appear in Frederick County Circuit Court on Nov. 28.

    Earlier this year, a federal court awarded Ebersole $30,000 at the conclusion of a defamation lawsuit in which he accused Bridget Kline-Perry of Purcellville of spreading falsehoods about him online. The statements included abuse of dogs at his kennel.

    Ebersole's lawsuit against Kline-Perry accused her of posting the allegedly false statements on Facebook and other social media outlets around the same time news organizations were reporting that Frederick County law enforcement officials were investigating him for animal abuse.

    County animal control officers seized about 30 items from Ebersole's pet grooming, boarding and training facility at 667 Walters Mill Lane on Nov. 21, 2011. A deputy reported there were no "obvious signs of terrible injury" to pets remaining at the facility, but that 20 formal complaints against Ebersole had been filed in the two previous years.

    Ebersole had previously spent 63 months in prison after federal officials accused him of providing law enforcement agents with bomb-sniffing dogs that failed to meet performance expectations.

    Kline-Perry began posting Facebook messages about Ebersole and his kennel business in early December, according to his lawsuit.

    Ebersole also filed a lawsuit in early October against Sharlin Oren, identified in court documents as an associate of Kline-Perry. The suit repeats many of the same allegations made against Kline-Perry and says the two women communicate extensively through Facebook and other social media.

    Contact staff writer Joe Beck at 540-465-5137 ext. 142, or jbeck@nvdaily.com



  13. #33
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    Oct. 21, 2004
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    Winchester, VA
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    28

    Default Norsire Farm

    Kennel owner faces animal cruelty charges after winning lawsuit



















    By Joe Beck

    A Frederick County kennel owner, who won $30,000 in a defamation lawsuit against a Purcellville woman after she accused him of dog abuse, faces 13 counts of animal cruelty in indictments issued against him Thursday in circuit court.

    The indictments against Russell Lee Ebersole form a grim litany of accusations, including hanging dogs from the neck, choking, beating and kicking, hitting with a PVC pipe and electric shocking.

    The indictments identify a Doberman and several mixed breed dogs among the victims of the alleged abuse. Some of the indictments also contain the names of the dog owners.

    The dates of the alleged offenses range from August 2009 to September 2011, according to the indictments.

    Ebersole, 52, of 667 Walters Mill Lane is scheduled to appear in Frederick County Circuit Court on Nov. 28.

    Earlier this year, a federal court awarded Ebersole $30,000 at the conclusion of a defamation lawsuit in which he accused Bridget Kline-Perry of Purcellville of spreading falsehoods about him online. The statements included abuse of dogs at his kennel.

    Ebersole's lawsuit against Kline-Perry accused her of posting the allegedly false statements on Facebook and other social media outlets around the same time news organizations were reporting that Frederick County law enforcement officials were investigating him for animal abuse.

    County animal control officers seized about 30 items from Ebersole's pet grooming, boarding and training facility at 667 Walters Mill Lane on Nov. 21, 2011. A deputy reported there were no "obvious signs of terrible injury" to pets remaining at the facility, but that 20 formal complaints against Ebersole had been filed in the two previous years.

    Ebersole had previously spent 63 months in prison after federal officials accused him of providing law enforcement agents with bomb-sniffing dogs that failed to meet performance expectations.

    Kline-Perry began posting Facebook messages about Ebersole and his kennel business in early December, according to his lawsuit.

    Ebersole also filed a lawsuit in early October against Sharlin Oren, identified in court documents as an associate of Kline-Perry. The suit repeats many of the same allegations made against Kline-Perry and says the two women communicate extensively through Facebook and other social media.

    Contact staff writer Joe Beck at 540-465-5137 ext. 142, or jbeck@nvdaily.com



  14. #34
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    Apr. 14, 2006
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    Not a lawyer here, but if he was found guilty...how is anything Norsire did/said/wrote, unlawful??? He was guilty of animal abuse. Can she appeal her verdict?? Just wondering.
    www.crosscreeksporthorses.com
    Breeders of Painted Thoroughbreds and Uniquely Painted Irish Sport Horses in Northeast Oklahoma


    1 members found this post helpful.

  15. #35
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    Feb. 17, 2000
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    Berlin, CT
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    Quote Originally Posted by Ravencrest_Camp View Post
    Don't know his name, but he was from the firm of Dewy, Cheetham and Howe.
    Nyuk, Nyuk Nyuk!!!

    "You are under arrest for operating your mouth under the influence of
    ignorance!" Officer Beck


    1 members found this post helpful.

  16. #36
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    Jun. 11, 2006
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    Berryville, VA
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    Default

    I would hope if convicted, she would have her judgement thrown out. That doesn't seem right if he is found guilty of animal abuse that she would still have to pay...but what do I know?

    This whole mess is a reminder to be very careful what is said about others.
    Boarding for Show, Pleasure, and Retirement horses. www.LockeMeadows.com



  17. #37
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    Feb. 25, 2011
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    So California
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    Quote Originally Posted by crosscreeksh View Post
    Not a lawyer here, but if he was found guilty...how is anything Norsire did/said/wrote, unlawful??? He was guilty of animal abuse. Can she appeal her verdict?? Just wondering.
    I think Ebersole was found guilty of cheating the government by not supplying properly-trained bomb-sniffing dogs. He is now being charged with animal abuse, but has not been convicted. So the question is, what will happen to the judgement he won against Kline-Perry if the animal abuse charges are upheld? Will she be vindicated and be able to overturn that verdict?
    Last edited by PeteyPie; Dec. 6, 2012 at 04:41 AM. Reason: left out a word



  18. #38
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    Feb. 25, 2011
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    Here is info on Ebersole's appeal in 2004 of his conviction for wire fraud relating to the bomb-sniffing dogs:
    http://caselaw.findlaw.com/us-4th-circuit/1489071.html

    An excerpt which shows what a scumbag he is:
    For example, a former Detector Dogs employee testified that, in March 2002, she had assisted Ebersole in creating test results and certifications (dated as far back as 1997) for dogs designated for the IRS assignment, and that Ebersole had embellished the resumes of their handlers, adding false information such as that one handler had “[a]ssisted the Secret Service on security missions for the [P]resident of the United States and foreign dignitaries.”   Another former Detector Dogs employee testified that she was a 19-year-old kennel hand when Ebersole directed her to serve as a handler at the BOG-FED facilities;  she stated that, “if a dog would have hit on something, I never knew who to call, what to do, what I was supposed to do exactly.”   The trial evidence also showed that Ebersole utilized forged certificates proclaiming him to be a certified instructor of handlers of bomb-sniffing dogs, and a document purporting to set forth Detector Dogs's training curriculum (a program running 303.5 hours in length).   However, handlers testified that they trained for no more than a fraction of that time before being posted with the federal agencies, which had been told by Ebersole in written proposals that the handlers were seasoned canine team veterans with more than twenty years of experience.   Witnesses also contradicted other claims made in the written proposals, including that several Detector Dogs's employees were nationally certified trainers and judges with the United States Police Canine Association and the North American Police Work Dog Association, and that Virginia's Department of Criminal Justice Services had approved Detector Dogs's training procedures and certified its handlers.



  19. #39
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    Feb. 25, 2011
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    Default

    This is interesting. According to a January 26, 2012 article in the NVDaily.com
    Ebersole's complaint states:

    The statements alleged above, taken as a whole, [are] libelous per se, because they imply that the Plaintiff is abusive to animals in his care, incompetent as a trainer, a scam artist and not fit to serve as a pet escort operator, dog trainer, or suppler of manufactured products to assist service dogs in performing their function for the disabled, and as such are capable of defamatory meaning and construction.

    So Ebersole's complaint is that Kline-Smith's statments "imply" that he
    1. is abusive to animals
    2. is incompetent as a trainer
    3. a scam artist
    4. not fit to serve as a pet escort operator
    5. not fit to serve as a dog trainer
    6. not fit to server as a suppler (sic) of manufactured products to assist service dogs in performing their function for the disabled.

    At the time of this complaint in 2012, he had not been charged with animal abuse, but he HAD been CONVICTED of wire fraud in 2003 in connection with his bomb-sniffing dogs. Details of that conviction showed that the dogs weren't properly trained because they could not identify bombs. Wouldn't that make him incompetent as a trainer? It also showed that he willfully scammed the government by committing wire fraud. Isn't that a scam artist? Testimony by Navy personnel that the animals were starving and two of them later died seem like evidence that would substantiate Kline-Perry's allegations of animal abuse, so either the facts were not strong enough or Kline-Perry's attorney was really bad.

    The article does identify her attorney:

    Kline-Perry, represented by Fairfax attorney Steven W. Bancroft, admitted in her answer to the complaint to publishing emails and posts on Facebook and comments in local media. The defendant denied any of the plaintiff's allegations and asked the court to dismiss Ebersole's lawsuit.

    The plaintiff seeks $1 million in compensatory damages and $350,000 in punitive damages.



  20. #40
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    Haven’t studied media law since 1998, but at that point the general consensus was that libel and slander suits were difficult to win. Many attorneys (even experienced well-regarded trial attorneys) have no experience with these types of lawsuits. Their knowledge barely extends past New York Times v Sullivan.

    To be clear here, I have absolutely no knowledge of the Norsire litigation, and am not making any comment of any kind about it, but in general, I can see a scenario where a defendant is served, takes the complaint to an attorney they have used for years and feel comfortable with, and are advised not to worry because the plaintiff will not win (which might have been a reasonable assessment to have made of this litigation at one point. We are looking at this all with the benefit of hindsight.) And as a result, the defendant might have been a bit over confident and a bit under-prepared. This may not be a case of having bad legal counsel. Rather, there may have been factors that came out at trial that had an impact, and this is an area of the law that is evolving quickly. It is very possible to be caught off guard at trial.

    About an appeal, I believe a party in a civil action can appeal matters of law, but not findings of fact, and I think (not sure) that the judgment is based upon findings of fact the trial court made.

    There are all sorts of anomalies in the law, it is not perfect and never has been. There is actually a Supreme Court precedent that holds that evidence of innocence is not sufficient reason to overturn the verdict in a death penalty case.



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