Posted on 09/26/2011 5:50:52 PM PDT by Bigtigermike
This headline at ABC News is misleading:
Sarah Palin Threatens to Sue ‘Rogue’ Book Publisher
It is misleading, because there is no “threat” in the letter. Rather, as Governor Palin’s lawyer John Tiemessen clearly states, the legal prerequisite for a defamation suit under Alaska law:
“[S]ince both your company, and the author, clearly knew the statements were false, admitted they had no basis in fact or reality, but decided to publish in order to harm Governor Palin’s family, you and Mr. McGinniss have defamed the Palins. This letter shall serve as written notice . . . that a claim may be brought against you, your company and Mr. McGinniss for knowingly publishing false statements.”
While I am not specifically familiar with Alaska’s libel law, I am familiar with libel law in general — as every journalist should be — and what Tiemessen has sent Random House is what’s known as a “demand letter.”
A publisher is put on notice by such a letter that the lawyer’s client considers himself the victim of libel. Notice of intent is required for several reasons. In the newspaper business, if somebody calls your office and bitches about a story, OK. But the minute they say “lawsuit” or “lawyer,” you end the conversation and refer them to the newspaper’s attorney. If the complainer is actually serious about libel suit, their lawyer sends a demand letter, and the newspaper’s attorney then considers whether the complainer has a case. If the lawyer says retract, you retract.
Printing a retraction is a humiliating thing for a newspaper to do, but it’s cheaper than taking a libel suit to court. Retracting a book is not so easy, which is why book publishers have lawyers on retainer whose job is to vet manuscripts like McGinniss’s.
For many years, it has been part of my business to know the difference between the mere threat of a libel suit – threats are a dime a dozen — and such letters as Tiemessen has sent Random House. This is not a “threat,” and the executives at Random House damn well know it. They clearly failed to perform “due diligence” in fact-checking, and no cleverness in attributing lies to anonymous sources can protect them.
What the hell were they thinking, hiring a writer of such notoriously bad judgment that he would hang out with Jesse Griffin?
Palin knew this book was coming since that scumbag moved into the house next to her. I think that is one of the main reasons she has not gotten into the race yet - and that is turning out to be a smart move as the book is foundering right now and being totally discredited - as opposed to its original intent, which was to destroy the Palin campaign as it was still in its infancy.
The “letter of demand” or “legal notice” comes first, usually with a specific demand that they must complete within five or ten days from receipt. This is the first step...then the “Petition” will be filed in Wasilla (even better). Then the fireworks begin...each defendant (this is the critical part) will have 30 days to file an “Answer.” The defendants will include everyone connected with this book in any way. After each Answer is filed, then each of the defendants will motion the court to release them as a defendant. They will each try to worm their way out from being a defendant, hearing after hearing, brief after brief, motion after motion. Each defendant will be forced to hire an Alaskan attorney, and each hearing will be in Wasilla. The costs will be incredible for each of the defendants. Sarah’s costs will also be very high, but not in comparison.
Tough case to defend given that critical evidence has found its way into the public domain prior to any suit being filed. Random House will hire the finest attorneys who will do all the briefing, and then they will send their briefs to the Alaskan counsel to file (after he modifies it to Alaskan law. Sounds like an economic boom for Wasilla and Alaska. Lawyers, filing fees, depositions, travel, airfare, meals, hotels, office supplies, printing companies, etc., etc.
Sarah will actually create an economic boom for Alaska…don’t ya just love it? You betcha!
EAGLES UP SARAH! Turn it over to your Attorney, and run for President.
What about the “damning” discover where the lawyers from RH must release as Mr. McGinniss waived the attorney client privilege and disclosed to third parties what “Random House Lawyers” told him and give Sarah lawyers entitled to review the company’s legal correspondence with Mr. McGinniss and his responses thereto?
They may settle out of court to avoid such a terrible discovery
Sorry, i get a little excited. I’ve been through something like this - but on a somewhat smaller scale. We won the court battle but lost the war. Something like this eats your insides.
From my personal experience I don’t see how she can possibly run for POTUS with this going on. If she does she, as always, has my enthusiastic support.
I hope she humiliates them, discredits them, shames them and makes it difficult for them to profit for years to come.
I hope Random House goes has to go out of business because of this to serve notice on the rest of the libelers in the dinosaur media.
Hmmm
Like maybe RH knew it was a lie when they published Dreams of My Father not being about William Ayers since it was written by the terrorist and not the skinny communist?
Yes I know him well!
Oh, don’t you worry about Sarah. She thrives on competition and she knows she has RH & McGinnis by the short hairs. She will enjoy the heck out of this. Sarah loves pay back. She’s not called Barracuda for nothing.
From what I've read, using demand letters as threats is strongly discouraged by the justice system. In other words, you'd better file the lawsuit if the demand isn't met.
Mark
i hope she empties their bank accounts.
She may have been worried last week, but once that e-mail was revealed it took a real load off her. She knows now that she has them up against the wall. She has had more harassment like this than any human being ever, I believe. She has put up with so much and this is finally her time to put all the ankle-biters on notice that the games are over.
This is a woman I admire. Someone who has inspired me..
I have been thinking about this.. and at first I liked the move.. but the more I think about it, the more I think it is a terrible mistake
But I would not drop down to the level of this snake. This is a battle that can only be won on paper and the only reward is green paper. This is not something a leader would do. Ronald Reagan wouldnt have worried about this trash. Franklin Roosevelt would not have lost any sleep over this moron.
I worry that she has given up on a political future and thats a shame because the country needs people like her..
No Mike, I think she is doing the right thing this time. She has taken so much c**p off the dem liberals for so long. It’s time for her to fight back where it hurts. She will win this one out of court and maybe that will put the fear of God in some of those ankle biters. I think it will stop a lot of the lies and attacks.
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