Defamation Lawsuits against anonymous posters

[kittygilchrist]

Many of us who have a history on totv know that anonymous defamation is not allowed on totv. Some of these issues end up in court as you can see in this link. Lucky for us, totv exercises what is my view, excellent oversight.

Jury Awards $13 Million in Texas Defamation Suit Against 'Anonymous' Posters - ABC News (http://abcnews.go.com/Business/jury-awards-13-million-texas-defamation-suit-anonymous/story?id=16194071)

[Indydealmaker]

Many of us who have a history on totv know that anonymous defamation is not allowed on totv. Some of these issues end up in court as you can see in this link. Lucky for us, totv exercises what is my view, excellent oversight.

Jury Awards $13 Million in Texas Defamation Suit Against 'Anonymous' Posters - ABC News (http://abcnews.go.com/Business/jury-awards-13-million-texas-defamation-suit-anonymous/story?id=16194071)

:mademyday:

[kittygilchrist]

Toxic Topix - Slander, Cyberbullying and Hate for Profit: Topix Defamation Cyberbullying and Abuse News (http://toxictopix.blogspot.com/p/topix-defamation-cyberbullying-and.html)
thanks, Indy...more...

[Indydealmaker]

Toxic Topix - Slander, Cyberbullying and Hate for Profit: Topix Defamation Cyberbullying and Abuse News (http://toxictopix.blogspot.com/p/topix-defamation-cyberbullying-and.html)
thanks, Indy...more...

Topix can be forced to be more responsible if their advertisers start fleeing, but first those advertisers need to start hearing from the people. Probably won't happen because most people today are too busy surviving to have the time for a campaign. That is, of course, also the reason that unqualified government leaders are elected. Survival driven apathy.

[CFrance]

Kitty, thanks for posting that. Maybe it'll scare a few people straight.

[2BNTV]

Thanks Kitty for posting this.

People who are hateful, bullying and vindictive, need to take notice.

Some people will not tolerate this type of treatment!!!!

[KeepingItReal]

There is quite a bit more information surrounding this case that should be noted.

Mega Tarrant County Plaintiff's Verdict Dismissed - Fort Worth Injury Attorney Blog (http://www.fortworthinjuryattorneyblog.com/2012/06/dismissals-and-appeals-of-tria.html)

Mega Tarrant County Plaintiff's Verdict Dismissed

June 13, 2012

The stunning jury verdict of almost $14 million reached by Tarrant County jurors in April -- the largest Internet defamation amount ever awarded in the United States -- was just thrown out by the judge who heard the case. Last week Judge Dana Womack signed an order overturning the verdict. It's not clear why she did so.
I don't handle libel cases, as I specialize in motor vehicle collisions, but here's what happened in this bizarre case.
Shannon Coyel filed criminal charges against her previous employer, Mark Lesher, a prominent 62 year old attorney in Clarksville, his wife, the 49 year old owner of a day spa, and their ranch hand of sexually assaulting her. This was after the attorney attempted to help her with her divorce from her 62 year old husband, Jerry Coyel, who Shannon claimed was a "sexual pervert" when she tried to have her divorce judge removed from her trial for being biased against her. Then the couple reconciled and turned on the Leshers, claiming the attorney had drugged and raped her.
The Leshers denied that the assault had happened and were acquitted of criminal charges in Collin County. But soon after the "attack," the internet buzzed with over 25,000 anonymous comments accusing the couple of being child molesters, rapists, drug pushers, and more.
The Leshers later filed suit against the Coyels and 178 anonymous posters. later narrowed down to the Coyels and two other people related to them. The trial was moved here due to the excessive pretrial publlicity in the small town where every one lived.
The jury was appalled by the rampant smear campaign and chose to send a message to the defendants (and other internet posters) since it is obvious the verdict was not capable of being paid. Judge Womack is an excellent judge and I respect her decision, although I wish she had stated her reasons for overturning the verdict.
The Leshers plan to appeal. However the appeals courts, especially the Texas Supreme Court, are notoriously reluctant to side with plaintiffs as I have written about previously here,
here and on other occasions.
The Leshers said they have paid civil and criminal trial costs of more than $1 million and they are prosecuting a suit against the district attorney's office claiming malicious prosecution (good luck with that!). Judge Womack also ordered the Leshers to pay the defendants' court costs, which will be substantial. So assuming the dismissal is upheld, the plaintiffs will get nothing and will pay a fortune. And their lives have been destroyed. Mark Lesher and his wife moved away from Clarksville, where he had lived for 20 years. It's a sad story.
But I'm willing to bet the tort reform rabble rousers will keep screaming about the "runaway jury" that rendered this verdict here long after the real facts are forgotten -- or ignored.
Oh well, at least we know that our citizens are capable of awarding substantial verdicts, unlike what I am often told by insurance company lawyers and adjusters.

[kittygilchrist]

Boy, I had no idea what a can of nasty worms that case was...here's more. Looks like the stuff of tabloids, but apparently did happen. Small town justice or injustice, corruption, newspapers as yellow as it gets....glad I wasn't there.

Don’t Mess With This Texan: He is One Tough Underdog « Above the Law: A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law Schools, Law Suits, Judges and Courts + Career Resources (http://abovethelaw.com/2012/07/dont-mess-with-this-texan-he-is-one-tough-underdog/#more-173155)

[kittygilchrist]

Here's a $12 million award in a case of online defamation where a former patient defamed her doctor.
Doctors win redress in online defamation suits - amednews.com (http://www.amednews.com/article/20120220/profession/302209934/6/)

[Taltarzac725]

Toxic Topix - Slander, Cyberbullying and Hate for Profit: Topix Defamation Cyberbullying and Abuse News (http://toxictopix.blogspot.com/p/topix-defamation-cyberbullying-and.html)
thanks, Indy...more...

Thanks for posting this, kittygilchrist. I wonder if there are any winning intentional infliction of emotional distress lawsuits against defamers. http://www.defamationremovallaw.com/legal-resource-center/what-is-intentional-infliction-of-emotional-distress/

I seriously thought about going after the cybersmearer I had from about mid-2001 (2002?) through mid-2006 on Findlaw's message boards with an intentional infliction of emotional distress action but this was a man who lived for attention from the courts and seemed to love kicking hornet's nests. So, I thought ignoring him would be a much better solution. I have not seen hide nor hair of him on any message board since 2008.

[kittygilchrist]

"How to get defamatory posts removed"...good synopsis of law re: liability of posters and webmasters.

Defamation Removal Law | The Dark Side of the Internet: How to Remove Bogus and Defamatory Online Content (CMBA Cross-Post) - Defamation Removal Law (http://www.defamationremovallaw.com/2013/11/30/dark-side-internet-remove-bogus-defamatory-online-content-cmba-cross-post/)

[Cathy H]

people who complain on this site about doctors, restaurants, store service and etc. should take note that there may be nasty consequences.

[Indydealmaker]

"How to get defamatory posts removed"...good synopsis of law re: liability of posters and webmasters.

Defamation Removal Law | The Dark Side of the Internet: How to Remove Bogus and Defamatory Online Content (CMBA Cross-Post) - Defamation Removal Law (http://www.defamationremovallaw.com/2013/11/30/dark-side-internet-remove-bogus-defamatory-online-content-cmba-cross-post/)

Thanks, Kitty. That was very informative. I now have attorney Aaron Minc on speed dial.