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Question for Our Legalese Members - Palin's Suit Against NYT Tossed by Manhattan Judge
August 29, 2017, 04:12 PM
LS1 GTOQuestion for Our Legalese Members - Palin's Suit Against NYT Tossed by Manhattan Judge
http://money.cnn.com/2017/08/2...suit-new-york-times/Sarah Palin's lawsuit against The New York Times was thrown out by (and to no surprise) by a federal judge in Manhattan.
Here's my question; can defamation suit be appealed and taken this up the court system's chain and possibly up to SCOTUS?
If so, is there precedence where the petitioner (if that's the correct term) has been denied until heard by SCOTUS? (If so, do you recall the case?)
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August 29, 2017, 04:20 PM
GWbikerJudge Jed S. Rakoff. Another "Slick Willie" Clinton appointee.
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"Some people are alive today because it's against the law to kill them".
August 29, 2017, 04:26 PM
JALLENquote:
Originally posted by LS1 GTO:
http://money.cnn.com/2017/08/2...suit-new-york-times/Sarah Palin's lawsuit against The New York Times was thrown out by (and to no surprise) by a federal judge in Manhattan.
Here's my question; can defamation suit be appealed and taken this up the court system's chain and possibly up to SCOTUS?
If so, is there precedence where the petitioner (if that's the correct term) has been denied until heard by SCOTUS? (If so, do you recall the case?)
This dismissal was on a motion to dismiss. As the judge said, "... the public figure has a plausible factual basis for complaining that the mistake was made maliciously, that is, with knowledge it was false or with reckless disregard of its falsity. Here, plaintiff's complaint, even when supplemented by facts developed at an evidentiary hearing convened by the Court, fails to make that showing."
The order is not appealable, but the judgment will be appealable, to the Court of Appeal. Whether it makes it to the Supremes, or can, is another matter.
The standard for a public figure is tough, "mistake was made maliciously, that is, with knowledge it was false or with reckless disregard of its falsity."
Luckily, I have enough willpower to control the driving ambition that rages within me.
When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson
"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown August 29, 2017, 05:00 PM
FenrisI haven't been following. What's the allegation?
God Bless and Protect our Beloved President, Donald John Trump. August 29, 2017, 05:00 PM
ScoutmasterAny agreement between a judges actions in Manhattan and proper justice is a rare coincidence.
"Liberty lies in the hearts of men and women. When it dies there, no constitution, no law, no court can save it....While it lies there, it needs no constitution, no law, no court to save it"
- Judge Learned Hand, May 1944 August 29, 2017, 05:28 PM
JALLENUnless you know what the legal standard is, and the evidence presented for the judge's consideration, it might be best to refrain from overly critical emotional comments.
As much sympathy as we have for Ms. Palin, it was easily predictable what the odds were for this lawsuit, and any judge in the country was likely to arrive at the same conclusion.
We don't know what was presented by way of facts, but the legal standard for public figure v. newspaper defamation suit is very high.
Luckily, I have enough willpower to control the driving ambition that rages within me.
When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson
"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown August 29, 2017, 05:44 PM
TAllen01I agree with JALLEN, not surprisingly. He nails it. When the judgment entry goes on following this dismissal order, the judgment it will be "final and appealable." She can then appeal, arguing that it was error to dismiss the case at this stage. If she wins at the court of appeals, it would generally be sent back to the lower court to allow her to add more facts, and have them start over (with an amended complaint, and then another motion to dismiss). If she loses again, yes, it could go up to the U.S. Supreme Court, but whether they would decide to take it is another matter altogether. Zero chance, given the dismissal was not based on some unsual rule of law, but was merely the application of alreaddy settled principles.
August 29, 2017, 08:39 PM
jhe888It is very hard to defame a public figure like Palin. Very hard indeed.
They also don't do mere factual review. They only take cases with particular legal significance.
T ALLEN and Jallen give a good description.
The fish is mute, expressionless. The fish doesn't think because the fish knows everything.