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To: Bonaparte

Actually, what I meant was that only attorneys, as far as I know, are entitled to per se liable relief, for the damage to their reputations, as I was once sued by an attorney for liable (it was dismissed, he lost) who later fled the state.


106 posted on 10/26/2006 6:41:30 AM PDT by at bay ("We actually did an evil....." Eric Schmidt, CEO Google)
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To: at bay
"...what I meant was that only attorneys, as far as I know, are entitled to per se liable relief.."

Any litigant can move for that.

107 posted on 10/26/2006 9:49:53 AM PDT by Bonaparte
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To: at bay
Here is a thumbnail explanation of what libel per se is.

Let's say you stated, "Hermione Street Walker, of Jaybird Trailer Park, ain't nothing but a big fat whore."

Let's further agree that this was not a privileged communication and you said this in broadly disseminated written or verbal form.

It would not matter what explanatory circumstances or evidence accompanied that statement. Truth would not be a defense nor would Hermione have to show evidence of actual malice, because the statement per se would tend to subject her to "ridicule, contempt or disgrace."

I have not yet read American Mourning, but I'm certain the authors did not label Sheehan as a "dirty old lady," "deviate" or "pervert" or characterize her as "sleazy," "immoral" and the like. In this respect, writing anything more than a simple recitation of well-documented, objectively stated facts obtained from a non-privileged source would expose the authors to adverse summary judgment of libel per se.

108 posted on 10/26/2006 10:59:23 AM PDT by Bonaparte
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