Posted on 08/09/2017 7:15:05 PM PDT by Enlightened1
If he has a copy of the photo then it really doesn’t matter who the source was. Heck — the whole case goes away if that’s true. If Ali is sued he will immediately file a third-party claim against the Huffington Post for indemnification or contribution to cover his legal fees.
Is the burden of proof on Bolling to prove that the allegations Ali made are false and that Ali knew they were false? Tough order to fill if that’s the case. You’d have to find a memorandum describing his intent to fabricate a story to get Bolling or some such.
What are his grounds for a third-party claim?
Unless he is indemnified by contract, the claim, in the event of a judgement, would be in favor of HuffPo, against Ali as the provider of the defective story.
Ali has burden of proving story true. If he cannot meet that burden, them Bolling must prove Actual Malice on part of Ali.
Actual Malice could be inferred by Ali’s prior writings, his provable misstatements of non-sourced materiel to cast Bolling in a false light, such as a claim Bolling had a criminal record, etc, and by demonstrating that some sources told Ali story was not true.
In a lot of these cases, it’s the admission from the Def that story was not true that Plaintiffs seek, not actual $ damages.
“Without HuffPo being named, their insurance company may not be on the hook to pay for a defense, so Ali may be on his own financially.”
Very good point. And Huffpo isn’t going to volunteer to jump in!
...........This little reporter better get himself a good lawyer because I doubt these “texts” can be dug up out of cyber space which leaves the whole situation a “she said, he says” situation and all a good lawyer for Bolling has to do is pack the jury with women and the reporter walks out with a 50 million dollar judgment against him. I say this because Bolling is, as you say, one good looking guy and very likeable.
Ask OJ how a judgment like that can screw up your life.
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There is no point in protecting sources. This isn’t a drug company that falsified drug trials.
His immediate reaction to proclaim he’s protecting his sources makes me very suspicious. Gloria Allred marches women out to podiums and cameras all the time, for things much worse than this.
Maybe there is one source.
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Ali is the defendant. He has no obligation to prove anything. The burden of proof in a defamation case is 100% on the plaintiff (by a preponderance of the evidence).
Since Bolling is a public figure, he must prove Ali published defamatory information through actual malice or as a result of reckless disregard as to whether the information was true or false.
Also, it was a smart move by Bolling to not include HuffPost as a Defendant (Ali responsible for cost of his own defense) and it is extraordinarily unlikely that Ali will bring them in with a third party complaint (although he sure wishes he could).
I find it troubling that Bolling isn’t denying he sent the pictures. Any innocent person would proclaim his innocence and scream from the rooftops that it didn’t happen.
What a fool. He’s married and has at least one teenage son from what he’s said about himself. Why would he risk losing everything he’s worked for and disgrace himself like this over a moment of stupidity?
His career on tv is over just like O’Reilly.
Bolling’s supposed good looks won’t save him once the jury sees the pictures. I’m sure one of the women has it on her phone.
I’m guessing that one of the women is Kimberly Guilfoyle. Just a guess.
The existence of the photo will prove that Bolling is a slimeball. He may win a court battle to some degree but his future with what was once his loyal followers is over. His future in broadcasting is over. Subscribe now for his home studio podcasts.
This is exactly the right thing for Eric Bowling to do. This one person whom no one outside of the Huffington Post has ever heard of, Yasher Ali, a “freelance reporter,” has made a charge against someone we have known for years, in a toxic, radical feminist-LGBT-hate white men, media, left wing, move against a well known person who supports Trump. America needs to know everything about Yasher Ali..Who he/she is..Whether he/she was born in the US, where he/she was educated, is he/she married, how old is he/she, what other “freelance” work has he/she done and for whom, etc., etc. Expose him/her to the public because these charges are so politicized against a good person that they are pseudo moves for shooting Eric, his family, his job, his reputation and his life in the head. This has to stop and we need to begin to personalize every reporter who is trying to destroy anyone in this nation without a day in public court. Any grown woman making a sexual charge needs to be identified. It is way too easy to destroy someone that way. And, isn’t is great that these accusers of intra-office communication are not interested in investigating the sexual material being presented to little children in our public schools, way before their little minds are ready for the information. America, please gain some insight and WISDOM about the sexual wars, the lack of which is killing us through a thousand cuts of left wing sexual fantasies where anything goes on the one hand, one the other hand, ridiculous charges can be made against white men who look even a bit masculine, as Eric does. Of course, if they are leftists, and very, very rich, they can avoid all of this. Long and short of this story is the war against normal, conservative values, possible racism against masculine, white men, and, the world had better know that, if people like Yasher Ali win, ALL will be brought to mourning. Go for it Eric. Your very nation suffers a thousand cuts when these matters are not legally confronted. It is time to fight this kind of sexual hypocrisy where normal can be called perverse and actual perverse is overlooked. Do not be confused about what this is, America. It is not a small thing to destroy the life of another human being and the public had better begin to understand that, for the Swamp has many tributaries outside of Washington D.C., which could run directly to each and every front door before all of this is realized. Then, it is too late.
Devout Catholics will understand this: Bolling is a daily communicant. He goes to mass every day.
This is not the kind of man who sends lewd pictures to women, unless he has a more divergently split (and concealed) personality than “Sybil” the psycho of movie fame.
If this particular salacious charge were not true and the reporter knew it, how could a reasonable person not conclude malice? It's not like Bolling is being accused of cheating on his expense reports; the nature of this charge is so over the top that malice must be the only motive for printing it.
-PJ
You ought to sue your lawyer for the statement he put out IF you are NOT Guilty!! He made you sound as if you WERE guilty.
Ummmm...
< P >
Makes it sound as if Bolling acknowledges that he is in possession of such such photos but denies “sending” them to anyone, unsolicited.
Strange statement.
Ali didn’t publish the story. The Huffington Post did. Surely they are a necessary party to this legal action, aren’t they?
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