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'He shouldn't have done this': Legal experts slam Clinton-appointed judge for tossing out Sarah Palin's NY Times libel case while the jury was STILL deliberating and say he has interfered in the legal process
Daily Mail ^ | 15 February 2022 | ALYSSA GUZMAN and DANIEL BATES and NATASHA ANDERSON

Posted on 02/14/2022 10:24:21 PM PST by conservative98

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To: Gnome1949

“Falsely accusing someone of a crime is defamation on its face.”


I am not a lawyer, so take this with as many grains of salt as you want, but as I understand it, according to the current state of the law in the United States, anyone who is ‘famous’ has to prove malice as well as falsehood to win a defamation case.

The burden of proof requires that Palin prove not only did the NYT print a falsehood that could damage her reputation, but they did in on purpose ‘with malice’. This is a very high bar and it is why celebrities rarely can win such a legal battle.

Nicolas Sandmann has been been able to prevail because he wasn’t ‘famous’ when the defamations against him were published.


41 posted on 02/15/2022 8:48:41 AM PST by hanamizu
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To: conservative98

Earlier thread on this topic had more germane comments towards the end. Judge wants jury verdict to be able to pass up to the appellant court for consideration, and final disposition if they go with a decision for Palin.


42 posted on 02/15/2022 9:41:04 AM PST by RideForever (Damn, another dangling par .....)
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To: qaz123

Because the Circuit Court will not like him undercutting their decision that the case go to trial and get a jury verdict. It’s not smart to piss off your superiors, and that’s what the trial court did.

When the Court of Appeals reverses the trial Judge, there will be language that includes a “bench slap”.


43 posted on 02/15/2022 11:27:27 AM PST by WASCWatch ( WASC)
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To: WASCWatch

I get what you’re saying, now. He’s painted them into a corner.


44 posted on 02/15/2022 11:35:05 AM PST by qaz123
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To: conservative98

Trying desperately not to be Arkancided.


45 posted on 02/15/2022 1:45:14 PM PST by BraveMan
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To: qaz123

He has not painted the Circuit Court of Appeals into a corner. He has only delayed the inevitable, and will embarrass himself in the process.

He would not have done this if he really believed Palin’s lawsuit had no merit. He did it because he knows her case has a great deal of merit.


46 posted on 02/15/2022 1:58:12 PM PST by WASCWatch ( WASC)
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