Reply To: Shaitle Fraud Chillul Hashem Video: Sha'ar haTumah haChamishim

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Those suggesting that if Milian could have been sued if she lied, are sadly wrong. Idris Kabia sued his son, Ahmed Kabia, for $2,000 for alleged failure to return property. The television program “The People’s Court” offered the parties the chance to resolve the dispute before “judge” Ed Koch, former Mayor of New York, who presided over the program. Parties sign an arbitration agreement when they appear on the program. During the program, Koch referred to Idris Kabia as a kidnapper. Kabia then sued Koch for defamation. Koch moved for summary judgment. Summary judgment was granted to Koch. Submission of the case to the television court qualified as arbitration. The parties had agreed to appear on national television. As an arbitrator, under the doctrine of arbitral immunity, Koch was entitled to absolute arbitral immunity for all acts performed; this includes immunity from a defamation action for statements he made about Kabia; even if the claim is slander per se. Further, the arbitration association is similarly immune from liability for the actions of arbitrators who enjoy judicial immunity from civil liability. So Milian could act as idiotic and unfair as she wished to the frum people, without fair of being sued.

If you read the fine print that comes up after the show, they basically agree not to sue each other and in return they both get paid the same. The people get paid for being on the show the same amount. The Judge’s monetary “judgement” is settled by the producers. Details about who pays judgments on “The People’s Court” were made public in the real-life court case of Kabia v. Koch. In Kabia, the court noted that “The People’s Court” requires litigants to sign arbitration papers before appearing on an episode. The documents require “The People’s Court,” not the defendant, to pay any judgment rendered.

I am amused by the comments making out Milian as being some beacon of truth. I am even more amused by the comments judging the frum couple based on their facial reactions on the show. It is also amusing how some comments are judging the frum couple for not making comments on the show strongly reacting to Milian’s decision. They signed an agreement with the show beforehand that they will not react in any negative way or make any negative comments against Milian’s decision. This show is scripted to a very large extent. While all that is amusing, what is not amusing is how some are judging their fellow Jew negatively based on scarce information that television produces found fit to air. Who even knows what the editor chose to “cut” out of the final edit, that presented additional facts supporting the plaintiff’s.