Actions AGAINST television station "on your side"

[Mass_Shyster]

Steve, that case is 50 years old. While it set some precedents I need something more current and hopefully more specific to FL.

NY Times v Sullivan is THE case when it comes to suing a media defendant. Asking for something more relevant is like researching an interrogation and saying "Arizona v Miranda is old - I need something more current".

 

[csi7]

Actually, you could use the same media attention to reveal this information through "ripoff" and other media sources.
Florida loves to be sensational with odd, unusual, and quirky cases.
If you are really interested in trying this without using legal representation, at the very least hire a paralegal to research the information you are seeking.
I do know that rip off has a section for companies to respond to complaints, and even offers a support section for companies.

 

[zigzag930]

I will review the NYT vs Sullivan case to see how it may be relevant to my situation. I do understand the importance of that case, but my comments about finding something more recent probably should have been worded differently. I was hoping to find recent FL cases as well, that might specifically deal with Def by inference.

If I can find the pleadings or initial complaint, I could use this as a boilerplate to file my own complaint.

 

[quincy]

A story that is inaccurate due to a bias shown by a media reporter can result in a defamation judgment against the media defendant. How likely a defamation win will be for a plaintiff in a suit brought against the media, however, is largely dependant on whether the plaintiff is a private figure or judged a public figure.

New York Times v Suillivan set the standard of fault necessary in a public figure plaintiff/media defendant defamation action. The news media will not be held liable for defamation unless the defamatory words published about a public figure or about public acts of public officials are published with actual malice. For a private figure plaintiff, the standard of fault that needs to be shown (in most states) is negligence (see Gertz v Robert Welch).

zigzag, before you seriously consider a suit against the media, however, you really should have what was written about you and your company reviewed by an attorney in your area to determine if what was written can support a defamation claim. Suits against the media are always expensive and prolonged affairs, and success with a suit is difficult.

In Florida, you need to familiarize yourself with Florida Statute 770.01, which requires you notify a potential media defendant prior to filing any action. If not done as required, any suit will be dismissed. Once notified of what statements you claim are defamatory, the media defendant has certain actions they can take to mitigate damages.

You should also be aware that Florida has a two year statute of limitations on defamation actions from the date of first publication of the defamatory statements.

Some cases that you may wish to review, in addition to New York Times and Gertz, are Milkovich v Lorain Journal Co, and Jews for Jesus v Rapp and Anderson v Gannet Co.

Again, having your situation reviewed by an attorney in your area is strongly advised. I also agree with the others that publishing anything derogatory about the reporter who is covering your court case would be foolish.

 

[davew128]

zigzag, J. Jonah Jameson of the Daily Bugle has been maliciously calling Spider-Man a threat and menace for nearly 50 years with impunity. There's a reason for it, and not just the editors at Marvel wanting a good storyline.