Net Forum Defamation

[Tort]

My question involves defamation in the state of: MD

The poster and myself both live in MD. His remarks seem to meet the elements of defamation as to damaging my reputation except that he has not called me or my company by my/its real name. It's likely he does not know either one.

His motive seems to be jealousy.

Do I have a case? How can I shut him up?

I have seen the Weatherguard action against a DIY forum.

Thank you.

[Dogmatique]

What are your damages?

[aardvarc]

My question involves defamation in the state of: MD

The poster and myself both live in MD. His remarks seem to meet the elements of defamation as to damaging my reputation except that he has not called me or my company by my/its real name. It's likely he does not know either one.

Then how do you think you'll get past his obvious defense of "that's not who I was talking about"? If I said "that retail company based in Bentonville, Arkansas", I MIGHT be talking about WalMart, and I might not. The burden would be on YOU to prove the subject being defamed (as opposed to any OTHER retailer in Benton, Arkansas).

Sure, there might be a damaged reputation, but you'd have the burden of proving it was YOU or your company, whose reputation was damaged AND that such damage was caused by by his FALSE and MALISCIOUS statements.

And as Doggie noted, even if you can do so, what QUANTIFIABLE damages have you suffered? (Keeping in mind that a damaged reputation in and of itself is only a small PART of what's required to win such a case - because he has a first amendment right to have and share his opinion of you and your company - that his opinion is a negative one doesnt' automatically give rise to a cause of action.

[Tort]

You guys are fast. Thanks for your replies.

No damages that I know of.
Besides publicly interpreting his behavior and motives back to him [so called "process commentary"] is there any way to shut him up? I hate to get into a he said/she said situation, trading insults and such.

Do opinions vs. facts matter?

Thanks again!