Skip to comments.Palin's lawsuit against Random House may have to be settle out of court because of "Discovery" phase
Posted on 09/26/2011 9:09:51 PM PDT by Bigtigermike
Just got off on the phone with a friend in the legal field and she says that a potential lawsuit against Random House by anyone of the Palin family involved in the "trash book" will most likely be quietly settled out of court because the idiot McGinniss opened up Random House to a whole lot of trouble and gives the Palin's an upper hand and GIFT in Court because McGinniss waived attorney client privileged between him and RH by talking about it to a third party (Jesse Griffin) and thus Palin's lawyers are entitled to ALL correspondence from Random House concerning the book.
My friend say that Random House may have a lot of leftists there and may hate Sarah Palin with a passion but its pure suicide for them legally to open up their correspondences in the "discovery phase"....they may have more damning info in those correspondence that was meant only for "Random House Eye's Only".
She said Random House and Jon Meachem may do a kabuki dance in the public defending the book and its "sourcing" on these false allegation but behind the scenes they will most likely quickly call for a settlement before the case got to discovery phase or even before the case is brought forth.
Legally, The Palin family has Random House and Joe McGinniss is a terrible legal bind.
(Sarah, Will that be in 20's or 100 dollar bills?)
[I always waited for President Bush to fight against the lies and deceit thrown at him and his Administration. It never happened and the result was four years of Pres__ent Obummer, the Fresh Prince of Bill Ayers. (I love that line)
The idea that Governor Palin is fighting the smear merchants makes me proud. ]
Exactly. We are now in the “take no prisoners” stage of survival, none of this compassionate conservatism baloney. Leftists need to be crushed.
As you may or may not be aware, there is a Civil War II ping list and tag (cwii) for articles on that topic. And we hope not, on the hot part, but fear otherwise.
I think Jack Black is managing the list these days, but it might be Travis McGee.
However, if some slimy reporter made up stories about Nancy cavorting with hookers and about how he snorted cocaine off the top of a barrel and so forth, yes, you bet Reagan would sue.
Yeah, some folks were asking “why go after this guy when som many other idiots are posting similar garbage?” This is why — Palin’s attorneys must have immediately realized, based on McGinniss’ confirmation of the Brietbart-obtained email, that they literally have Random House by the short hairs.
First off, “wussified” isn't even a word.
McGinniss attacked Sarah's family, he attacked Sarah's mother and father. He said her son Track had problems with cocaine and Oxycontin. He spread deliberate lies about her and everyone around her.
Sarah is doing exactly the right thing. Nobody who is intelligent thinks she is “whining” or “wussified”. She is defending herself and her family and showing the left that there will be a price to pay if they continue to lie about her.
Exactly my thoughts.
Actually the emails show malice. Pure intent to harm. They are done for.
I am assuming you are joking...
You only settle when you can’t be sure of winning or to limit your exposure when facing a likely loss.
If the facts are as presented, I can see RH pushing for a settlement but no reason why the Palin attorneys would. She stands to cash in and clear her name. No downside. She doesn’t need the money, but has high emotional desire for the latter.
I can think of a few reasons:
I guess the other side is if the book is pulled and she gets an apology like someone else said, plus a bunch of dough, that it is essentially the same thing. At any rate, it’s definitely break out the popcorn and watch the show on this one.
You misspelt “winner”
I hope they do settle, with a large $ payment, a public apology and the pulping of the book and a transfer of the ownership of the author's books(all of them) to the palin’s.
I found your post about writing critical reviews of products interesting. On the other hand, defamation cases allow for the truth to be an absolute defense so long as it is not so distorted as to leave the reader or headed to reach a conclusion that is completely contrary to the actual facts.
If the Palins do sue, they better be sure they know the answer to every deposition question asked of anyone before it is asked. And if they do, they will be the first litigants in history to have such knowledge.
If people want Palin to run, a lawsuit would aboslutely be the worst thing to do.
They know the truth of the questions, but not the answers the deposed will give. The question will be will the hooker et al be willing to risk perjury charges. Unless they have some proof they could wind up with their own lawsuits and criminal charges. I’m betting their is no proof, otherwise the author would not be in jeopardy. And remember he’s already had to pay a murderer $345k.
Not in the least. This is political warfare, not spiritual warfare.
I have seen nothing from Palin’s lawyers in the public record suggesting they think attorney-client privilege is the issue. It certainly is not in their letter.
If you have a private communication with her lawyers, then you have better information than the rest of us. If you don’t, then I don’t know where you get this idea, because i don’t see it in the public record.
Communication between a lawyer for a firm and an outside party would not be protected by any privilege; The e-mail they have from the author gives evidence that the author received e-mails from the firm that suggested they knew his charges had no factual evidence, and that is what their letter to the firm references. Not A-C privilege.
It’s in their letter to Random House —I suggest to reread it
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