Mark Cuban mobilizes the snitch patrol

[SugarDaddy1]

Mark Cuban hires ‘secret shoppers’ to investigate safety protocols at Dallas-area restaurants and stores

 

[HisArpy]

Apparently Mr. Cuban likes giving his money away in large quantities.

Were I a restaurant owner in Dallas I'd be filing a lawsuit.

 

[Adre]

Apparently Mr. Cuban likes giving his money away in large quantities.

Were I a restaurant owner in Dallas I'd be filing a lawsuit.

And you’d lose.

 

[Biggs_Darklighter]

Apparently Mr. Cuban likes giving his money away in large quantities.

Were I a restaurant owner in Dallas I'd be filing a lawsuit.

Over what exactly? How would you know if you were included in the survey? What grounds do you have to sue? How has the survey affected any business?

 

[hogjack]

Cuban cannot help but insert himself into the public arena.

His ego is massive. That is not unusual considering his success in the high-profile business field for two decades.

But instead of talking about doing something do it and shut the fuck up about it.

 

[HisArpy]

And you’d lose.

Maybe. Maybe not.

https://www.nolo.com/legal-encyclopedia/criminal-trespassing-law.html

https://smallbusiness.chron.com/defamation-business-business-60798.html

https://www.minclaw.com/legal-resource-center/what-is-businesscommercial-disparagement/

Mr. Cuban has hired persons to enter into other businesses NOT for the purpose of patronizing those businesses.

This is commercial trespass.

Mr. Cuban has hired persons to engage in commercial trespass in order to discover information which he then publishes in a manner which is harmful to those businesses.

This is commercial disparagement.

Ordinarily defamatory comments against a business allow only a minimal recovery of damages UNLESS the business can be shown to have been harmed by the statements. In this instance, public sentiment surrounding CoronaVirus is high and any business which is said to be careless with CoronaVirus prevention could very easily lose business.

Such loss of business would be directly attributable to the statements made and would allow for recovery of damages above de minimus. Plus attorney fees and costs.

 

[SpeareChucker]

Maybe he got to where he is by being a delegator,
and now he thinks he can effect change
by doing a little delegating...



:shrug:

 

[HisArpy]

Over what exactly? How would you know if you were included in the survey? What grounds do you have to sue? How has the survey affected any business?

See my prior post for the legal basis for the suit.

As for being part of the "survey", that's what discovery is for. Plus, it wouldn't be that difficult to have the other Dallas restaurants join the suit as co-plaintiffs. Eventually, you'd have a list of plaintiffs which would match Cuban's list of "surveyed" restaurants.


What he has done is hire people to snoop and then publish that the Dallas area restaurants "are unsanitary and have the plague" while people are unsure and still afraid of the CoronaVirus.

 

[Rotadom]

Apparently Mr. Cuban likes giving his money away in large quantities.

Were I a restaurant owner in Dallas I'd be filing a lawsuit.

Over what exactly? How would you know if you were included in the survey? What grounds do you have to sue? How has the survey affected any business?

What he has done is hire people to snoop and then publish that the Dallas area restaurants "are unsanitary and have the plague" while people are unsure and still afraid of the CoronaVirus.

Except they are not posting the names of specific eateries that are in violation and nothing on your links applies to this particular situation.

This case is a loser.

 

[Adre]

Maybe. Maybe not.

Mr. Cuban has hired persons to engage in commercial trespass in order to discover information which he then publishes in a manner which is harmful to those businesses.

One could easily argue that the information he publishes is an aid to public welfare and safety, thus outweighing any potential harm to the business. Particularly if it is shown that the business is disregarding existing local orders related to social distancing and personal contact.

 

[Sean]

Commercial trespass forsooth! LMAO.

 

[HisArpy]

Except they are not posting the names of specific eateries that are in violation and nothing on your links applies to this particular situation.

This case is a loser.

If you have a "Dallas area" restaurant, how are your customers to know you aren't "on the list"?

Since "the list" isn't specific, wouldn't ALL "Dallas area" restaurants see a decline in patronage because of fear that said restaurants would be "on the list"?

Would that not a direct cause/effect to loss of revenue and business?

Would Mr. Cuban not be the creator of that cause/effect?

 

[HisArpy]

One could easily argue that the information he publishes is an aid to public welfare and safety, thus outweighing any potential harm to the business. Particularly if it is shown that the business is disregarding existing local orders related to social distancing and personal contact.

Mr. Cuban is NOT publishing the information in any capacity as a PIO. His words have zero "official" authority.

 

[HisArpy]

Commercial trespass forsooth! LMAO.

Yes Sean, we know that the sharp legal mind of a grocery delivery clerk like yourself transcends all case law / precedent as well as applicable governing statutes.

 

[Sean]

Yes Sean, we know that the sharp legal mind of a grocery delivery clerk like yourself transcends all case law / precedent as well as applicable governing statutes.

You can find me some case law on "commercial trespass" then, Tim?

 

[bellisarius]

Apparently Mr. Cuban likes giving his money away in large quantities.

Were I a restaurant owner in Dallas I'd be filing a lawsuit.

Dude, it's Texas. They'll hire a hit man before they file suit.

 

[Rotadom]

If you have a "Dallas area" restaurant, how are your customers to know you aren't "on the list"?

Since "the list" isn't specific, wouldn't ALL "Dallas area" restaurants see a decline in patronage because of fear that said restaurants would be "on the list"?

Would that not a direct cause/effect to loss of revenue and business?

Would Mr. Cuban not be the creator of that cause/effect?

Nothing specific and they are already losing money due to the pandemic so their books would be unusable from the instability.

The case is a loser.

 

[HisArpy]

You can find me some case law on "commercial trespass" then, Tim?

Why? You planning on changing careers?

 

[HisArpy]

Dude, it's Texas. They'll hire a hit man before they file suit.

Lol. Cuban doesn't wear a badge or uniform so no progressive Texan hitman would take the job.

 

[Adre]

Mr. Cuban is NOT publishing the information in any capacity as a PIO. His words have zero "official" authority.

Makes no difference. He’ll be viewed as acting on behalf of the public interest while your lawsuit is swirling down the proverbial toilet, counselor.

 

[HisArpy]

Nothing specific and they are already losing money due to the pandemic so their books would be unusable from the instability.

The case is a loser.

So you SAY.

What's interesting is that EVERY defendant says that about his/her particular case. What you don't want to realize is that not all of them are correct.

 

[HisArpy]

Makes no difference. He’ll be viewed as acting on behalf of the public interest while your lawsuit is swirling down the proverbial toilet, counselor.

Defamation law doesn't work that way. Sorry.

 

[Rotadom]

So you SAY.

What's interesting is that EVERY defendant says that about his/her particular case. What you don't want to realize is that not all of them are correct.

You, as a lawyer, cannot find a previous case that sets precedent. When was the last time someone was convicted of being a Secret Shopper under any circumstance?

 

[Adre]

Defamation law doesn't work that way. Sorry.

Tell that to every restaurant critic who has never been successfully sued for defamation.

 

[Sean]

Defamation law doesn't work that way. Sorry.

The truth is a pretty good defence against a defamation case. And your inability to cite any "commercial trespass" cases speaks volumes, Tim.