Skip to comments.Not So Fast, Why Palin Could Win on Appeal Against The New York Times
Posted on 08/30/2017 5:13:52 PM PDT by ak267
Two reasons Palin may win on appeal. First, the Judge appears to contradict himself on a critical issue of law. Second, the Judge appears to engage in weighing the evidence, rather than interpreting the evidence in every means favorable to Palin, often denying her the benefit of the doubt while repeatedly extending it to The New York Times, the behemoth newspaper who could do a lot more damage to a judges reputation than public figure Palin. (Fair, or unfair, more than a few counsel believe the New York Times enjoys an unfair advantage in its backyard because of its power to publicize adverse information about the judges in its backyard. The courts protect the press taking on the powerful, but: Who really is the powerful: Palin or the Times?)
(Excerpt) Read more at lawnewz.com ...
Democrat judge, all ideologues, Easy call.
Gee!!!Are we insinuating a judge is bias!!!!
His guest said that the fact that the Slimes "corrected" the claim as fast as they did would mean that under the law she couldn't have been very seriously harmed.
Of course that's just one opinion.
Is there an appeal in the works?
The judge had malicious intent, and the Times knew what they were writing was false.
Perish the thought.... A judge with bias!
What is the world coming to?
She’s got plenty of time on her hands these days. Might as well go for it.
I know you’re just the messenger, but it wasn’t “corrected” before people read it.
Plus it was done deliberately to hurt Palin.
The NYT probably only “corrected” it after their lawyers told them that Palin could sue their pants off. I hope she wins.
I’m sure most Freeper lawyers would agree with Carr on that. Since this story hit the news a while back, I suggested that it would be very, very hard for Palin to make the case against the NYT. Libel and slander cases are very hard to prove under normal circumstances, and a person who is a “public figure” has an even higher burden of proof.
The judge is showing reckless disregard of his own reading of the law and actual malice in his dismissal.
If (and only if) she has a good chance of winning on appeal, I hope she appeals. A jury should decide this.
I'm sure the process would be expensive, but plenty of people would be willing to help her pay. The NYT is guilty.
Bias or paid off...for sure.
page One above the fold: You are a murderer!
several days later....
Page 20 amongst other stuff: well, maybe not an an actual murderer.
Something I’ve never understood about the law and its theory.
If something is said publicly about someone (public person or not) that is false, it is harmful and civil penalties should apply.
Either right and wrong mean something or they don’t.
If they don’t, true anarchy has arrived and THERE IS NO LAW AND NO PUNISHMENT FOR ANYTHING YOU MIGHT DO!
Seems to me that the Lefties should now be suffering terribly, but of course they aren’t, because right and wrong are still clearly defined.
...Palin may win on appeal...
Some ‘expert’ here said she couldn’t appeal. Which is it?
I don’t think Palin’s attorney or Palin EVER thought this was a jury case. Instead, filing the case in the heart of the Democratic Party, they foresaw exactly what happened.
Democratic Judge throws the case out in trial court and now they are into an appeal fight for years. If the times thinks it’s going to lose the appeal, they will borrow a few million from Carlos and pay her while admitting no guilt and the whole case will be sealed for a hundred years.
A dismissal with prejudice is a final order disposing of the case. It can be appealed.
One of the basic principles of civil law is that a plaintiff must demonstrate harm in order to have any legal standing to pursue a civil lawsuit. I’m not sure Sarah Palin would ever be able to prove that she suffered any harm in this case even if the NYT came out and admitted that they deliberately lied about her.
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