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Palin's lawsuit against Random House may have to be settle out of court because of "Discovery" phase
Monday September 26, 2011

Posted on 09/26/2011 9:09:51 PM PDT by Bigtigermike

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To: Bigtigermike; PA Engineer
I wonder if some of the emails lead up to the White House

That is all too plausible. Hmmm....

41 posted on 09/26/2011 9:50:10 PM PDT by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: Walkingfeather

That is blasphemy.


42 posted on 09/26/2011 9:50:36 PM PDT by reaganaut (Rick Perry says I'm heartless.)
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To: Lou Budvis

Not if everything is a lie. The Palins know exactly what they are doing. The scum have to open up all their emails and leak of no sources. It is going to look really stupid when the only sources you have are anti-Palin bloggers that make stuff up.


43 posted on 09/26/2011 9:52:26 PM PDT by Truth101A
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To: Bigtigermike
Would not be surprised if Rice smelled $ in it for him, as McPenis alleged he did something he did not say he did, that is slander.
44 posted on 09/26/2011 9:52:48 PM PDT by Sea Parrot (Democrats creation of the entitlement class will prove out to be their very own Frankenstein monster)
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To: Lou Budvis

Not if everything is a lie. The Palins know exactly what they are doing. The scum have to open up all their emails and leak of no sources. It is going to look really stupid when the only sources you have are anti-Palin bloggers that make stuff up.


45 posted on 09/26/2011 9:55:19 PM PDT by Truth101A
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To: Lou Budvis

Not if everything is a lie. The Palins know exactly what they are doing. The scum have to open up all their emails and leak of no sources. It is going to look really stupid when the only sources you have are anti-Palin bloggers that make stuff up.


46 posted on 09/26/2011 9:55:25 PM PDT by Truth101A
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To: Mariner

I’m sure all of that crossed their minds. Maybe they aren’t concerned at all with the deposing of Glenn Rice and the former business partners.


47 posted on 09/26/2011 9:56:28 PM PDT by mockingbyrd
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To: Mariner

So you would have to assume the Palin attorney knows all that just as well as they do, and thus if the Palins go forward with the suit it is probably because they are certain RH & McG cannot defend via truth.

I still think going forward is a mistake, however, because it is a distraction, a way to put unhelpful noise on her campaign signal, so she should avoid it if possible, just settle. But the threat to follow through has to be sincere or there will be no real pressure to settle, other than uncertainty. That of course may be enough. Lawyers are risk averse by nature. That works in favor of the Palins.


48 posted on 09/26/2011 10:00:49 PM PDT by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: Bigtigermike; Jonty30

“In such a settlement whether winning the court case or just settling it before it goes to court ....the book will be pull, RH would most likely have to declare the allegation are false and a settlement payment will be dealt.

That’s basically what going to happen whether they win or settle it - its the same results”

Got it - thanks.


49 posted on 09/26/2011 10:01:39 PM PDT by expat1000
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To: Mariner

PALINS Business partner already came out publicly and said that it was a lie about the affair with Sarah last week!

I think your problem is that YOU think that these sexual allegations are true or WANT them to be true!


50 posted on 09/26/2011 10:06:35 PM PDT by Bigtigermike
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To: Walkingfeather

Totally agree!


51 posted on 09/26/2011 10:08:00 PM PDT by presently no screen name
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To: expat1000
So you are saying your and/or your friend feels that Palin will settle out of court for a large sum rather than pursue the case in court (which the lawyer feels she will win) and ALSO clear her name by doing so? Why? Just to save on the lawyers fees for the court case?

There is a lot more to it than just saving lawyer's fees.

A settlement will have terms requiring almost immediate payment, a lawsuit will drag on for years.

Random House' 2009 revenues were just under $2.5 Billion. If their liability is really so great, 10% of this figure, say $250 million would seem like a reasonable settlement. Maybe even 20%.

When an astronomical figure is published, leaked, whatever, plus a public retraction by Random House, the truth of the matter would be quickly established.

I don't know if it is possible, but I would be demanding 30 minutes of 1 minute commercials on every single TV station in the US with Random House broadcasting a Palin-approved retraction. Spread over the next 3 months or so.

52 posted on 09/26/2011 10:09:36 PM PDT by CurlyDave
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To: Sea Parrot

yep, Me and you are thinking the same thing!


53 posted on 09/26/2011 10:11:04 PM PDT by Bigtigermike
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To: Bigtigermike

Cart before horse. Palin has not sued; her lawyer wrote a letter raising that possibility and giving hard evidence in her favor that would be brought out in the event of a lawsuit. At the very end of the letter he tells them to contact him if they wish to resolve the dispute. The ball is in Random House’s court; they will no doubt make an offer, Palin’s lawyer will review it and negotiations will begin.

Because Palin holds all the cards, a simple apology would be insulting and will no doubt be rejected. Any final settlement involving monetary damages will probably be kept confidential but I expect much more such as public announcements that the book is being withdrawn, a lengthy statement admitting guilt and a confidential monetary settlement.


54 posted on 09/26/2011 10:13:14 PM PDT by CedarDave (My Sarah prediction: Announcing for President between October 18 and 28.)
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To: Bigtigermike
the Palin's an upper hand and GIFT in Court because McGinniss waived attorney client privileged between him and RH

I am loathe to jump into this, but, well, no I'm not really....

What kind of Attorney-Client privilege would ever exist between a book writer and his publisher? If you mean between McGinness and the Random House lawyers, how could McGinness waive "attorney-client" privilege that exist between Random House and it's lawyers -- they certainly weren't McGinniss's lawyers.

I'm sure there is SOMETHING that he screwed up by talking about the existance of letters, but I don't see how it is "attorney-client privilege", unless you were talking about McGinness and HIS lawyer, not the Random House lawyers.

I would think that letters sent from McGinness to his publisher would never have been covered by any particular privilege, but that his revealing them gives Palin a reasonable expectation that they exist, which would allow her lawyers to get a judge to order them turned over.

55 posted on 09/26/2011 10:13:25 PM PDT by CharlesWayneCT
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To: PA Engineer
Their relationship with Obama is well established.

Interesting. Barry's greatest threat.
56 posted on 09/26/2011 10:13:52 PM PDT by presently no screen name
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To: Lou Budvis

I’m not an attorney, but I’ve been a court officer for many years. I don’t believe Random House can use discovery to substantiate their accusations. The merits of the case are based on what they knew at the time of publication and their source. You can’t “source” the book at a later date by deposing the Palin family. I doubt they could even ask any questions about the allegations.


57 posted on 09/26/2011 10:15:47 PM PDT by offduty ("There are stupid people running this country" Herman Cain CPAC 2011)
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To: CedarDave

I said a “potential” lawsuit in the post!


58 posted on 09/26/2011 10:19:36 PM PDT by Bigtigermike
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To: Bigtigermike

Palin Publishing has a nice ring to it, doesn’t it??


59 posted on 09/26/2011 10:20:28 PM PDT by BreitbartSentMe (ATLAS SHRUGGED was supposed to be a warning, NOT a newspaper.)
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To: Bigtigermike

Copy of lawyer letter at the link:

http://abcnews.go.com/Politics/page/sarah-palin-sue-author-publisher-rogue-14611032


60 posted on 09/26/2011 10:21:03 PM PDT by CedarDave (My Sarah prediction: Announcing for President between October 18 and 28.)
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