Newspaper prints false statements

[wnagel]

What is the name of your state? KS

My exwife and I have been in post divorce litigation for close to 10 years. A NY newspaper called me and said that they were going to print about my case. I told them that due to litigation still in progress, that I decline to comment. They said that they were going to publish anyway, just her side. Well, they did publish last Friday and got the fact all wrong, making me look worse than truth. My question is: I would like to sue them in small claims court. Yes, I know that the limit is $4,000 which is OK. A few more questions:

1) Can I sue in Kansas being that they have subscribers here or must it be in NY?

2) Do I sue the president of this corporation? And have him personally served?

3) What are the elements of libel that I must prove in order to win?

Thanks

 

[JETX]

Well, they did publish last Friday and got the fact all wrong, making me look worse than truth.

Your problem here is... facts may be wrong... but were they harmful to you and how were they so??
Minor inaccuracies are not subject to defamation claims if the overall substance of the statement is true.
You have to look at EXACTLY what you claim was untrue (if that is the case... not just 'wrong facts'). Did the newspaper 'know or in the exercise of reasonable care should have known' that the statement(s) were untrue?

Can I sue in Kansas being that they have subscribers here or must it be in NY?

You can sue anywhere you want. Of course, they have the right to motion to dismiss due to lack of jurisdiction. Also, if you were to win, presumably a little hard to enforce in NY.

Do I sue the president of this corporation? And have him personally served?

No, you sue the corporation.

What are the elements of libel that I must prove in order to win?

http://www.abbottlaw.com/defamation.html

 

[quincy]

Are you sure this was a New York newspaper that printed this article?

New York is one of a few states where any papers filed in matrimonial actions are sealed and cannot be inspected by the general public. Even when a newspaper report is a true and fair account, details printed about marital cases are secret, since battling spouses lie and charges made unfounded. This was battled out eons ago by a New York paper and the New York Court of Appeals ruled against the paper. A subsequent appeal to the Supreme Court upheld the lower court's ruling.

I cannot believe a New York publication would not be aware of this.

 

[wnagel]

Yes, the newspaper is a NY paper. I don't see why I can't mention their name here as everything is only alledged. I have not researched to find out if they have a seperate corporate headquarter and only print the newspaper at the below address. I suppose I would contact the City of NY for their business license information??

Name of Newspaper removed:

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As for the minor or major inaccuries? No, I am not speaking about the difference between a blue shirt or red shirt. Issues that happened with ex-wife they attribute to me, making me look worse besides making religious claims about me and my son which are stories that my ex-wife has been trying to peddle for years. She plays the game of; if you tell a lie enough times, then it magically becomes truth after a while. You know, sometimes it actually does work though.

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It was mentioned that NY is one of a few states where any papers filed in matrimonial actions are sealed. What case is this? I would like to research this. This is GREAT news!!

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I wrote the Newspaper prior to them publishing the article and informed them that I do not want them printing this and that I decline to comment. I also told them (not knowing the law) that in this case, like so many others, lies and exaggerations are the norm, not the exception and therefore you should not print anything until a court can rule what is truth or not. I told them that ever since I won sole custody of my son, my ex-wife has been doing anything to be vindictive. Nothing like a woman scorned. Obviously, they printed anyway

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Do I contact the paper and request a retraction/correction before I sue them?

_______________________

Since $4000 is the limit of small claims, heck, it might not even be worth their while to get an attorney for an amount like that; should I win, what means are there for me to collect this sum? Personally, I would like to write a very repremanding motion of their actions and then publish it on the Internet, you know, (Eye for an Eye)??

I was just a little worried that small claims could not be used for a libel case, as I have not ever heard of it being done before.

Many many thanks! Its due to boards like yours that have helped dads like me win sole custody of their kids Pro'se. I have been Pro'se for 3 years and its great. Sure I made some mistakes, but it hasn't cost me $25,000 per year like it has in the past. I have even branched out a bit and have a case pending before the Kansas Court of Appeals. YEA!!

 

[quincy]

wnagel -

I would feel a little better if you removed the newspaper information from your post. Thanks.

First, I read an article that I think is the one you may be referring to, in the newspaper you mentioned, if you are a custodial parent of a 13 year old boy trying to assert his First Amendment Rights. I think you should hire an attorney and review it with him/her as I think you have a legitimate case, certainly for invasion of privacy action and probably for defamation, as well.

I noticed that the story mentioned that neither you nor your ex-wife would comment for the story. The story seems to reflect the view of the friend-of-the-court groups acting as advocates for your son. I am not sure if there are inaccuracies in the article at all but there is a definite slant against you, which I found disturbing. I never like to see a reporter use "reportedly" or "allegedly" or "apparently" in a story.

You can contact the publisher for a retraction. A retraction will only mitigate damages for the newspaper. The editor is the one you will want to contact first, as it is the editor that is responsible for the content of the paper. Your suit, should you decide to bring one, would be against the publisher (but can include the editor and the reporter). Lawsuits are expensive to bring and are time-consuming, and there is no guarantee you will win any suit. Since this is a relatively small paper, damages awarded, if any, may likewise be small. An attorney can tell you whether this is something that makes sense for you to pursue financially.

It is a New York law that automatically seals matrimonial records from public viewing and prohibits the publication of these records (New York is the only state currently that has a "fault-based" system of divorce and the "faults" cited are often defamatory and untrue), but I am not sure what, if any, of the material in the article would violate this law. Again, having a lawyer look over the article can help.

The actions I would look at with a lawyer, that you might want to consider bringing against this paper, are defamation, and intrusion on your solitude (privacy right) and putting someone in a false position in the public eye (privacy right) and publication of private matters (privacy right). The defenses I can see the newspaper using are truth (which, because of the slant and the fact that neither you nor your wife commented for the story, will be iffy for them) and fair comment (since this could be considered a matter of public interest, but fair comment must be done fairly and with an honest purpose). The newspaper would have been wiser to make this an editorial and not an article.

Edit: For a retraction, the newspaper will ask that you supply information/corrections, which I suspect you don't want to do (or can"t do due to the pending litigation), so you may want to request they "pull" the story completely, instead, so that it does not show up online. Whether they do this or not is anyone's guess.

 

[wnagel]

It is a New York law that automatically seals matrimonial records from public viewing and prohibits the publication of these records (New York is the only state currently that has a "fault-based" system of divorce and the "faults" cited are often defamatory and untrue), but I am not sure what, if any, of the material in the article would violate this law. Again, having a lawyer look over the article can help.

I searched but was not able to find this NY law? Can you point me in that direction? Thanks

 

[Just Blue]

wnagel -

I would feel a little better if you removed the newspaper information from your post. Thanks.

First, I read an article that I think is the one you may be referring to, in the newspaper you mentioned, if you are a custodial parent of a 13 year old boy trying to assert his First Amendment Rights. I think you should hire an attorney and review it with him/her as I think you have a legitimate case, certainly for invasion of privacy action and probably for defamation, as well.

I noticed that the story mentioned that neither you nor your ex-wife would comment for the story. The story seems to reflect the view of the friend-of-the-court groups acting as advocates for your son. I am not sure if there are inaccuracies in the article at all but there is a definite slant against you, which I found disturbing. I never like to see a reporter use "reportedly" or "allegedly" or "apparently" in a story.

You can contact the publisher for a retraction. A retraction will only mitigate damages for the newspaper. The editor is the one you will want to contact first, as it is the editor that is responsible for the content of the paper. Your suit, should you decide to bring one, would be against the publisher (but can include the editor and the reporter). Lawsuits are expensive to bring and are time-consuming, and there is no guarantee you will win any suit. Since this is a relatively small paper, damages awarded, if any, may likewise be small. An attorney can tell you whether this is something that makes sense for you to pursue financially.

It is a New York law that automatically seals matrimonial records from public viewing and prohibits the publication of these records (New York is the only state currently that has a "fault-based" system of divorce and the "faults" cited are often defamatory and untrue), but I am not sure what, if any, of the material in the article would violate this law. Again, having a lawyer look over the article can help.

The actions I would look at with a lawyer, that you might want to consider bringing against this paper, are defamation, and intrusion on your solitude (privacy right) and putting someone in a false position in the public eye (privacy right) and publication of private matters (privacy right). The defenses I can see the newspaper using are truth (which, because of the slant and the fact that neither you nor your wife commented for the story, will be iffy for them) and fair comment (since this could be considered a matter of public interest, but fair comment must be done fairly and with an honest purpose). The newspaper would have been wiser to make this an editorial and not an article.

Edit: For a retraction, the newspaper will ask that you supply information/corrections, which I suspect you don't want to do (or can"t do due to the pending litigation), so you may want to request they "pull" the story completely, instead, so that it does not show up online. Whether they do this or not is anyone's guess.

Quincy...Turn on your private messages please...

 

[quincy]

wnagel -
What you need to look under is the New York divorce laws Article 13, Section 235. This section applies to all in court hearings and testimony, evidence, documents, et al revealed during a divorce proceeding. I am not sure if the information in the article printed was gathered from any of that material, however, but it does seem like the reporter was given access to custody information, and information about you. If your ex-wife did not provide information, perhaps your son did?


Baystategirl - Am I in trouble?

 

[Just Blue]

wnagel -
What you need to look under is the New York divorce laws Article 13, Section 235. This section applies to all in court hearings and testimony, evidence, documents, et al revealed during a divorce proceeding. I am not sure if the information in the article printed was gathered from any of that material, however, but it does seem like the reporter was given access to custody information, and information about you. If your ex-wife did not provide information, perhaps your son did?


Baystategirl - Am I in trouble?

No Hon...I just wanted to ask you something off forum...