Libel negligence

[Davidromine]

Are you saying that the judge has thrown out your defamation case against the reporter?

The judge is granting their motion to dismiss.

Are you saying that the judge has thrown out your defamation case against the reporter?

He is granting their motion to dismiss.

 

[Zigner]

Well, there you have it then.

 

[quincy]

The judge is granting their motion to dismiss.

He is granting their motion to dismiss.

I am not really surprised. It is very difficult to sue the press.

Where exactly do you want to take this now?

 

[Davidromine]

I've read the article.

It isn't the best-written news story I've seen and I would have edited out the "Some neighbors accused OP, BLAH BLAH BLAH" paragraph had I been the paper's editor. But even if there is a factual error in the story you would have to prove that the report/paper knew or should have known the fact was wrong. I'm just not seeing a successful suit out of this.

The reporter's lawyer yesterday said that the reporter read the police report that states a charge of hoax devices. He called the courthouse, but does not provide any specific source from the courthouse that told him attempt to manufacture an explosive device.

 

[Davidromine]

I am not really surprised. It is very difficult to sue the press.

Where exactly do you want to take this now?

To appeals. He published a charge that im not charged with and does not say who gave him that information.

 

[Davidromine]

To appeals. He published a charge that im not charged with and does not say who gave him that information.

A charged that i wasnt charged with at the time of publication.

 

[quincy]

The reporter's lawyer yesterday said that the reporter read the police report that states a charge of hoax devices. He called the courthouse, but does not provide any specific source from the courthouse that told him attempt to manufacture an explosive device.

Yes. But the information published was, in the end, correct. His information was correct.

I understand your reputation took an unfair hit, David. And it is hard to recover from injuries to reputations. It is just not always possible to support a defamation claim.

You can sit down with an attorney in your area to explore your options but suing the reporter or newspaper or the source of the reporter's information does not seem to be one of those options at this point.

You perhaps could ask the editor of the paper to update the story and publish the case disposition. The problem with this is that it will bring last summer's story to readers' minds again and this is not always a good thing. Sometimes it is best to let the story fade. People have short memories.

Discuss it with a lawyer in your area.

 

[PayrollHRGuy]

The reporter's lawyer yesterday said that the reporter read the police report that states a charge of hoax devices. He called the courthouse, but does not provide any specific source from the courthouse that told him attempt to manufacture an explosive device.

And few courts are going to force a reporter to name their sources, especially in a case like this.

 

[Zigner]

Let me get this straight - the story said that you were facing charges and you are upset because, at that moment you weren't facing charges, but at a later date ended up facing exactly the charges that were reported?

If that's the case, then you're out of gas on this one.

 

[quincy]

And few courts are going to force a reporter to name their sources, especially in a case like this.

It is not an option that David should even consider as it would be doomed to failure.

 

[Zigner]

A charged that i wasnt charged with at the time of publication.

...but you were subsequently charged with it.

 

[PayrollHRGuy]

He clearly already considered it. In fact, he told the judge he would withdraw the case if the reporter did give that information. I assume that happened about a minute before the judge dismissed the case.

 

[Zigner]

He clearly already considered it. In fact, he told the judge he would withdraw the case if the reported did give that information. I assume that happened about a minute before the judge dismissed the case.

I generally agree, but I have to wonder why you believe that it took a full minute.

 

[PayrollHRGuy]

I generally agree, but I have to wonder why you believe that it took a full minute.

I said about a minute, not a full minute.

 

[quincy]

I am not seeing any defamation claim that could be successful against the reporter or the source of the reporter's information or the newspaper for publishing the story.

David's focus needs to turn elsewhere.

Whether there potentially could be a claim to pursue against someone else can be discussed with an attorney in his area.