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Not So Fast, Why Palin Could Win on Appeal Against The New York Times
Law Newz ^ | 8-29-2017 | Robert Barnes

Posted on 08/30/2017 5:13:52 PM PDT by ak267

Two reasons Palin may win on appeal. First, the Judge appears to contradict himself on a critical issue of law. Second, the Judge appears to engage in weighing the evidence, rather than interpreting the evidence in every means favorable to Palin, often denying her the benefit of the doubt while repeatedly extending it to The New York Times, the behemoth newspaper who could do a lot more damage to a judge’s reputation than public figure Palin. (Fair, or unfair, more than a few counsel believe the New York Times enjoys an unfair advantage in its backyard because of its power to publicize adverse information about the judges in its backyard. The courts protect the press taking on the powerful, but: Who really is the “powerful”: Palin or the Times?)

(Excerpt) Read more at lawnewz.com ...


TOPICS: Miscellaneous
KEYWORDS: libel; nyt; palin
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1 posted on 08/30/2017 5:13:52 PM PDT by ak267
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To: ak267

Democrat judge, all ideologues, Easy call.


2 posted on 08/30/2017 5:15:35 PM PDT by Luke21
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To: ak267

Gee!!!Are we insinuating a judge is bias!!!!


3 posted on 08/30/2017 5:17:42 PM PDT by ontap
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To: ak267
I heard a quick comment on this today on the Howie Carr show,Howie being a big time Trump supporter in Boston (yup,Boston).

His guest said that the fact that the Slimes "corrected" the claim as fast as they did would mean that under the law she couldn't have been very seriously harmed.

Of course that's just one opinion.

4 posted on 08/30/2017 5:19:57 PM PDT by Gay State Conservative (ObamaCare Works For Those Who Don't.)
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To: ak267

Is there an appeal in the works?


5 posted on 08/30/2017 5:23:11 PM PDT by Paladin2 (No spelchk nor wrong word auto substition on mobile dev. Please be intelligent and deal with it....)
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To: ak267

The judge had malicious intent, and the Times knew what they were writing was false.

Sue me.


6 posted on 08/30/2017 5:26:36 PM PDT by TBP (0bama lies, Granny dies.)
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To: ontap

Perish the thought.... A judge with bias!

What is the world coming to?


7 posted on 08/30/2017 5:34:44 PM PDT by ptsal ( Get your facts first, then you can distort them as you please. - M. Twain)
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To: ptsal

She’s got plenty of time on her hands these days. Might as well go for it.


8 posted on 08/30/2017 5:45:42 PM PDT by DIRTYSECRET (urope. Why do they put up with this.)
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To: Gay State Conservative

I know you’re just the messenger, but it wasn’t “corrected” before people read it.
Plus it was done deliberately to hurt Palin.
The NYT probably only “corrected” it after their lawyers told them that Palin could sue their pants off. I hope she wins.


9 posted on 08/30/2017 5:47:08 PM PDT by libertylover (Fake News = Hate News)
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To: Gay State Conservative

I’m sure most Freeper lawyers would agree with Carr on that. Since this story hit the news a while back, I suggested that it would be very, very hard for Palin to make the case against the NYT. Libel and slander cases are very hard to prove under normal circumstances, and a person who is a “public figure” has an even higher burden of proof.


10 posted on 08/30/2017 5:52:41 PM PDT by Alberta's Child ("I was elected to represent the citizens of Pittsburgh, not Paris." -- President Trump, 6/1/2017)
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To: ak267
Is it because the Judge thought reckless disregard was insufficient to show actual malice?

The judge is showing reckless disregard of his own reading of the law and actual malice in his dismissal.

11 posted on 08/30/2017 5:58:37 PM PDT by arthurus
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To: ak267
Yet another Democrat judge doing what Democrat judges always do.

If (and only if) she has a good chance of winning on appeal, I hope she appeals. A jury should decide this.

I'm sure the process would be expensive, but plenty of people would be willing to help her pay. The NYT is guilty.

12 posted on 08/30/2017 5:58:47 PM PDT by TChad
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To: ontap

Bias or paid off...for sure.


13 posted on 08/30/2017 6:10:21 PM PDT by GoldenPup
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To: libertylover

page One above the fold: You are a murderer!

several days later....

Page 20 amongst other stuff: well, maybe not an an actual murderer.


14 posted on 08/30/2017 6:21:02 PM PDT by Aria (i)
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To: Alberta's Child

Something I’ve never understood about the law and its theory.

If something is said publicly about someone (public person or not) that is false, it is harmful and civil penalties should apply.

Either right and wrong mean something or they don’t.

If they don’t, true anarchy has arrived and THERE IS NO LAW AND NO PUNISHMENT FOR ANYTHING YOU MIGHT DO!

Seems to me that the Lefties should now be suffering terribly, but of course they aren’t, because right and wrong are still clearly defined.


15 posted on 08/30/2017 6:25:56 PM PDT by txnativegop (Socialism -- an evil created by ignorant a-holes!)
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To: ak267

...Palin may win on appeal...

Some ‘expert’ here said she couldn’t appeal. Which is it?


16 posted on 08/30/2017 6:30:56 PM PDT by McGruff (2017 or 1984?)
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To: Gay State Conservative
on the front page?
17 posted on 08/30/2017 6:35:28 PM PDT by Chode (You have all of the resources you are going to have. Abandon your illusions and plan accordingly.)
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To: ak267

I don’t think Palin’s attorney or Palin EVER thought this was a jury case. Instead, filing the case in the heart of the Democratic Party, they foresaw exactly what happened.

Democratic Judge throws the case out in trial court and now they are into an appeal fight for years. If the times thinks it’s going to lose the appeal, they will borrow a few million from Carlos and pay her while admitting no guilt and the whole case will be sealed for a hundred years.


18 posted on 08/30/2017 6:57:25 PM PDT by Cen-Tejas
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To: McGruff

A dismissal with prejudice is a final order disposing of the case. It can be appealed.


19 posted on 08/30/2017 6:57:34 PM PDT by AndyJackson
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To: txnativegop

One of the basic principles of civil law is that a plaintiff must demonstrate harm in order to have any legal standing to pursue a civil lawsuit. I’m not sure Sarah Palin would ever be able to prove that she suffered any harm in this case even if the NYT came out and admitted that they deliberately lied about her.


20 posted on 08/30/2017 7:01:53 PM PDT by Alberta's Child ("I was elected to represent the citizens of Pittsburgh, not Paris." -- President Trump, 6/1/2017)
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