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re: This stupid Ole Miss / Rebel rags lawsuit
Posted on 6/15/17 at 9:59 am to bamasgot13
Posted on 6/15/17 at 9:59 am to bamasgot13
While negligence would be the standard ordinarily in a case not involving a public figure, it really isn't an option in this case due to the nature of the allegations. If, for example, Lewis said RR gave him free material, that is either a true statement, or knowingly false. Not much room for negligence, not has it been pleaded as a negligence case.
It really won't matter if the statements are written or oral. If it a signed affidavit, it would be libel. If it was oral testimony that was transcribed, it is most likely slander. In either case, no actual or special damages would be required, since it la a libel or slander per se case for the plaintiff's point of view.
Privilege won't apply since the statements were not part of a judicial proceeding and other privileges are qualified. Intentional false statements are not privileged in a qualified privilege situation
It really won't matter if the statements are written or oral. If it a signed affidavit, it would be libel. If it was oral testimony that was transcribed, it is most likely slander. In either case, no actual or special damages would be required, since it la a libel or slander per se case for the plaintiff's point of view.
Privilege won't apply since the statements were not part of a judicial proceeding and other privileges are qualified. Intentional false statements are not privileged in a qualified privilege situation
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Posted on 6/15/17 at 10:06 am to tigerinridgeland
quote:
It really won't matter if the statements are written or oral. If it a signed affidavit, it would be libel. If it was oral testimony that was transcribed, it is most likely slander. In either case, no actual or special damages would be required, since it la a libel or slander per se case for the plaintiff's point of view.
Then why didn't they file it this way? Seems reasonable to me, but they filed differently and have made it harder on themselves. Something about their filing is odd. I doubt they ever expect it to go to trial.
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