Posted on 09/26/2011 9:09:51 PM PDT by Bigtigermike
Just got off on the phone with a friend in the legal field and she says that a potential lawsuit against Random House by anyone of the Palin family involved in the "trash book" will most likely be quietly settled out of court because the idiot McGinniss opened up Random House to a whole lot of trouble and gives the Palin's an upper hand and GIFT in Court because McGinniss waived attorney client privileged between him and RH by talking about it to a third party (Jesse Griffin) and thus Palin's lawyers are entitled to ALL correspondence from Random House concerning the book.
My friend say that Random House may have a lot of leftists there and may hate Sarah Palin with a passion but its pure suicide for them legally to open up their correspondences in the "discovery phase"....they may have more damning info in those correspondence that was meant only for "Random House Eye's Only".
She said Random House and Jon Meachem may do a kabuki dance in the public defending the book and its "sourcing" on these false allegation but behind the scenes they will most likely quickly call for a settlement before the case got to discovery phase or even before the case is brought forth.
Legally, The Palin family has Random House and Joe McGinniss is a terrible legal bind.
(Sarah, Will that be in 20's or 100 dollar bills?)
That is all too plausible. Hmmm....
That is blasphemy.
Not if everything is a lie. The Palins know exactly what they are doing. The scum have to open up all their emails and leak of no sources. It is going to look really stupid when the only sources you have are anti-Palin bloggers that make stuff up.
Not if everything is a lie. The Palins know exactly what they are doing. The scum have to open up all their emails and leak of no sources. It is going to look really stupid when the only sources you have are anti-Palin bloggers that make stuff up.
Not if everything is a lie. The Palins know exactly what they are doing. The scum have to open up all their emails and leak of no sources. It is going to look really stupid when the only sources you have are anti-Palin bloggers that make stuff up.
I’m sure all of that crossed their minds. Maybe they aren’t concerned at all with the deposing of Glenn Rice and the former business partners.
So you would have to assume the Palin attorney knows all that just as well as they do, and thus if the Palins go forward with the suit it is probably because they are certain RH & McG cannot defend via truth.
I still think going forward is a mistake, however, because it is a distraction, a way to put unhelpful noise on her campaign signal, so she should avoid it if possible, just settle. But the threat to follow through has to be sincere or there will be no real pressure to settle, other than uncertainty. That of course may be enough. Lawyers are risk averse by nature. That works in favor of the Palins.
“In such a settlement whether winning the court case or just settling it before it goes to court ....the book will be pull, RH would most likely have to declare the allegation are false and a settlement payment will be dealt.
That’s basically what going to happen whether they win or settle it - its the same results”
Got it - thanks.
PALINS Business partner already came out publicly and said that it was a lie about the affair with Sarah last week!
I think your problem is that YOU think that these sexual allegations are true or WANT them to be true!
Totally agree!
There is a lot more to it than just saving lawyer's fees.
A settlement will have terms requiring almost immediate payment, a lawsuit will drag on for years.
Random House' 2009 revenues were just under $2.5 Billion. If their liability is really so great, 10% of this figure, say $250 million would seem like a reasonable settlement. Maybe even 20%.
When an astronomical figure is published, leaked, whatever, plus a public retraction by Random House, the truth of the matter would be quickly established.
I don't know if it is possible, but I would be demanding 30 minutes of 1 minute commercials on every single TV station in the US with Random House broadcasting a Palin-approved retraction. Spread over the next 3 months or so.
yep, Me and you are thinking the same thing!
Cart before horse. Palin has not sued; her lawyer wrote a letter raising that possibility and giving hard evidence in her favor that would be brought out in the event of a lawsuit. At the very end of the letter he tells them to contact him if they wish to resolve the dispute. The ball is in Random House’s court; they will no doubt make an offer, Palin’s lawyer will review it and negotiations will begin.
Because Palin holds all the cards, a simple apology would be insulting and will no doubt be rejected. Any final settlement involving monetary damages will probably be kept confidential but I expect much more such as public announcements that the book is being withdrawn, a lengthy statement admitting guilt and a confidential monetary settlement.
I am loathe to jump into this, but, well, no I'm not really....
What kind of Attorney-Client privilege would ever exist between a book writer and his publisher? If you mean between McGinness and the Random House lawyers, how could McGinness waive "attorney-client" privilege that exist between Random House and it's lawyers -- they certainly weren't McGinniss's lawyers.
I'm sure there is SOMETHING that he screwed up by talking about the existance of letters, but I don't see how it is "attorney-client privilege", unless you were talking about McGinness and HIS lawyer, not the Random House lawyers.
I would think that letters sent from McGinness to his publisher would never have been covered by any particular privilege, but that his revealing them gives Palin a reasonable expectation that they exist, which would allow her lawyers to get a judge to order them turned over.
I’m not an attorney, but I’ve been a court officer for many years. I don’t believe Random House can use discovery to substantiate their accusations. The merits of the case are based on what they knew at the time of publication and their source. You can’t “source” the book at a later date by deposing the Palin family. I doubt they could even ask any questions about the allegations.
I said a “potential” lawsuit in the post!
Palin Publishing has a nice ring to it, doesn’t it??
Copy of lawyer letter at the link:
http://abcnews.go.com/Politics/page/sarah-palin-sue-author-publisher-rogue-14611032
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.