Libel by a local newspaper company

[YASISI]

What is the name of your state (only U.S. law)? GA

I am a victim of libel case conducted by a local ethnic Newspaper Company that printed an article as cover page headline news with a full intention to injure me and damage my career and reputation back in April 2010. This newspaper company was contacted by three individuals or more incorporated allegedly to harm my career, reputation and business out of personal grudge and personal economic interest illegally and maliciously. Unfortunately, the president of the particular newspaper company also was contacted by another party who has been claiming they were damaged by me and my business which was not true at all and the newspaper company wanted me and my business go down together only probably because I know too much about their wrong doings. So, the newspaper printed only on one side story after hearing from those first three individuals who were removed from job positions due to their negligence and incapability to conduct any professional assignments given by me and my company. Ever since they have been harrassing me, slandering me behind my back, disturbing my business in many wrongful ways and finally managed to have my own national newspaper company to print a wrongful (90% false and can be proven) article as its cover story even if it was warned enough that such story could be impacting pending litigation facing a jury trial in a few months. It has been circulated and distributed all over southeast US and on internet which impacted my personal living, reputation, career and my business I built for past several years. This incident brought me back at least 10 years and what made me more furious was that the president of the newspaper co. was personally going around and slandering me and my business as well as if the strories were all true. The article made so wrong on all factual matters which could be easily verifiable and the article was written in a way all facts were already verified and confirmed by the newspaper company by using the words "assured and checked or verified" which were never been verified so delivering malicious and incorrect messages to public about me and my business including some pending lawsuits. I am about to file a lawsuit in both civil and criminal. Please help me anyone who knows or might have some good advice on how to proceed this case. From distinguishing if this is the Federal US District Court case or the county superior court case to selecting a right lawyer to claim for all damages.. Thank you.

 

[Mass_Shyster]

Suing a newspaper for libel is almost impossible. In order to find them liable for your damages, you have to prove, with clear and convincing evidence (a similar standard to reasonable doubt) that they published false information with malice (intending to harm you). You will also need to more clearly articulate your damages. Your post only includes vague damages

impacted my personal living, reputation, career and my business I built for past several years. This incident brought me back at least 10 years

How, exactly, did it impact your living, reputation, career and business? What dollar figure can you directly attribute to this?

How, exactly, did it bring you back ten years?

 

[TigerD]

Actual malice applies to public figures.

If the OP is not a public figure the bar is considerably lower.

That said, the OP's post very unclear.

DC

 

[justalayman]

. I am about to file a lawsuit in both civil and criminal.

No you're not.

 

[TheGeekess]

I live in the Southeast US and I've not ever heard of you.

 

[Mass_Shyster]

Actual malice applies to public figures.

I stand corrected. Thanks.

 

[Hot Topic]

The charges are probably too broad and wildly articulated to merit serious consideration by any party outside this forum. It's both easy and safe to say, "THEY are out to get me" or "I have proof that..."

You notice the careful (and appropriate) lack of names given, which might make it easier for the accused to "strike back" with a lawsuit of their own.

I found the description of the newspaper company as "ethnic" interesting.

 

[quincy]

There are ethnic newspapers, Hot Topic.

Also, according to YASISI's original post, there is some pending litigation, which could be the reason for press coverage. It may also mean that YASISI is involved in a public controversy and any "defamatory" statements made about him by the newspaper (or made by others and quoted by the paper) are germane to YASISI's involvement in this controversy.

This could potentially make him a limited public figure, raising the standard of fault needed for a successful defamation suit from one of negligence to one of actual malice.

Georgia recognizes per se defamation, and it is possible that if the statements in question refer to his trade, office or profession, what was written could be viewed by a court as libelous per se. This presumes reputational injury.

There was too much NOT said by YASISI, however, to say anything for sure.

If you'd like to "private message" me with the specific paper and edition involved here, YASISI, I would be happy to look it over and give you an idea of what you could be facing with a libel action against the paper, what defenses the paper may have to such an action, and what you would need to prove to prevail in any action. Stevef is correct that there is nothing easy about suing a newspaper, however, and depending on the size of the paper, you could find yourself facing a large team of experienced attorneys, which can ratchet up the costs of a suit substantially.

You'd be filing your suit in your county's Superior Court, and the attorney you will want (both to review the material that you find libelous and to assist you in bringing any action against the paper) is one who is well-versed in Georgia defamation. You can use the "Find an Attorney" tools that FreeAdvice offers, or check out the Georgia State Bar site.

In the meantime, you can educate yourself on defamation, and defamation suits against newspapers, by reviewing both Torrance v Morris Publishing Group, LLC and Atlanta Journal-Constitution v Jewell. Google the case names and you should be able to come up with a site that has the decisions posted.

Edit to add: There is a one year statute of limitations for defamation actions in Georgia. You have one year from the date of first publication of the defamatory statements to file suit.

Good luck.