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Team Casey asks judge to throw our ZG’s punitive damages BS claim

From OS, 10/9/2012:

“Attorneys for Casey Anthony in a pair of new court filings continue their attempt to limit testimony in her upcoming civil defamation trial, and also to limit the amount of money Anthony could be ordered to pay if she loses.

In a new motion filed Monday, Anthony’s lawyers ask the judge to throw out Zenaida Gonzalez’s claim for punitive damages — essentially, an additional penalty meant to punish Anthony.

Based on the evidence and argument presented in the lawsuit so far, “there is insufficient evidence to support a claim that Ms. Anthony is personally guilty of intentional misconduct or gross negligence,” Anthony’s defense says.

Gonzalez filed suit after Anthony told detectives a similarly named nanny had kidnapped her daughter, 2-year-old Caylee Anthony, in 2008. Authorities interviewed Gonzalez, and she was linked to the case in the media.

Anthony’s defense argues the crux of the suit is a visit Anthony’s mother, Cindy, made to her daughter while Casey Anthony was in jail.

Casey Anthony, Gonzalez’s lawyers argue, told her mother Gonzalez had not been ruled out as a suspect in Caylee’s disappearance, and Cindy Anthony relayed that information to reporters, thrusting Gonzalez into a media firestorm.

Gonzalez “must allege and prove that both [Cindy Anthony] and [Casey Anthony] participated in the egregious conduct” in order to have a viable claim for punitive damages, the new defense motion states.

“[Gonzalez] has failed to plead or prove that… Cindy Anthony, purposefully or recklessly uttered a false statement about her,” Anthony’s defense argues.

In a separate filing, Anthony’s lawyers also asked Circuit Judge Lisa Munyon to prevent Gonzalez’s lawyers from arguing at trial that Anthony’s actions had a negative impact on Gonzalez’s children

In interviews, Gonzalez has said that being linked to the ultra-high-profile case upended her life and those of her children. But Anthony’s lawyers argue the impact on Gonzalez’s children is irrelevant and inadmissible.

“The ‘impact’ on Plaintiff’s children cannot be used to bolster the frivolous claims that have been brought in this lawsuit,” a new defense motion states.

The lawsuit is currently set for trial in January.

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Hopefully the whole case will get thrown out by the end of the year.
SJ

Comments

  1. It’s great to see Casey and her lawyers fighting back against Zenaida and her dirtbag lawyers.It’s not going to be easy for her but she can beat this bogus lawsuit just like she beat the state of Florida’s bogus murder case.

  2. “…there is insufficient evidence to support a claim that Ms. Anthony is personally guilty of intentional misconduct or gross negligence…” I couldn’t have said it better myself, except to say this lawsuit is ridiculous, but that isn’t a legal reason to throw this lady out. I agree with Harry, they shouldn’t give up, they need to keep fighting. To allow this case to be ruled in favor of Zenaida Gonzalez would be an atrocity to our justice system. It would be pandering to those who want us to change to guilty by popular opinion (which is pretty scary since that opinion is ruled by people like Nancy Grace). The Constitution of the United States of America is a coveted document and should be held sacred to protect our rights and those around us. I was so glad that the jury actually followed the law. I think that people should instead of taking opinions as fact take a civics class or a good hard look at the Constitution. What is wrong with these people? How could we let things get to the point where people are outside of a courthouse yelling things like: if they [the jury] had access to Facebook they wouldn’t have said not guilty? You can’t be serious. The State of Florida wanted to take her life and liberty away, literally and all people cared about was what she was wearing to court or how she didn’t act the way they wanted her to. Where is the actual proof? I bet you would care if it were you. People like to scream and yell about government this and government that, but why don’t more people care or look at court cases? If people accept that the government can be wrong, why can’t they accept it in a courtroom? Why are so many people so apt to just believe Jeff Ashton with no evidence? We are innocent until proven guilty by a court of law, not by some liars on TV. People should remember that. I think it is outrageous that these lawyers and their client want to take advantage of this awful situation, what a bunch of fame mongers.

    • There is a lot of hate and anger around the world and the majority of the people choose that over peace and innocence. It’s happened then and will always happen.

  3. Anthony’s Lawyers ask judge to not allow mention of search for Caylee

    http://www.hispanicbusiness.com/2012/10/11/casey_anthony_asks_judge_dont_let.htm

  4. Drew Hensley says:
  5. I think the person that filed that lawsuit fell prey to conspiracy theories and was mentally ill.

    Karen,

    I agree that tabloid news, especially news posted by radar online tend to denigrate Casey and perpetuate the hate we see toward Casey. They also reported that Casey didn’t hit a car but someone thought she did and that was the last time I read them because that was NOT EVEN news.

  6. On Dr Phi lA Twisted Family Tragedy – This is a story of how a sick father molested his daughter and made her do unspeakable things and nobody knew. OMG this is Casey!

    http://www.drphil.com

    • Drew Hensley says:

      Yes! I’m reading right now about sex abuse and associated memory repression, and Stockholm Syndrome. A number of female celebraties have books out that remind me of Casey including MacKenzie Phillips’ “High On Arrival” and “Hiding From Reality” by reality tv star Taylor Armstrong. The common objection that a person with common sense would never believe that Casey would remain in George’s home with her daughter is simply without foundation.

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