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  1. #1
    Join Date
    Jan 2010
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    2

    Default Libeled on a Weblog

    Good day

    A colleague and I and our respective businesses are being very seriously libelled by an anonymous blog poster who I suspect is located in the New York City area.

    The libeller has also threatened on the blog to murder my colleague.

    I have no doubt whatsoever that we have an excellent case against the blogger and also probably the site owner and the ISP.

    I understand from my research that we can bring action against those involved pretty much anywhere in the world...... BUT can someone tell me how I find a lawyer/solicitor who will act on a no win no fee basis?

    I must have emailed 20 people but they all want to work for horrendously expensive fees.....

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Libeled on a Weblog

    Stop e-mailing and pick up the phone.

    I'm serious. If you've gotten more than one answer of any kind from twenty e-mails, you're doing remarkably well as most attorneys do not respond to unsolicited e-mails.

  3. #3
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: Libeled on a Weblog

    threatened on the blog to murder my colleague.
    If there was an actual threat made, your colleague should call the police and file a report.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
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    2,350

    Default Re: Libeled on a Weblog

    What research?

    You must bring the action where the defendant lives, otherwise the court would have no personal jurisdiction. Posting something to a blog does not allow any court to use a long-arm statute, it takes some significant activity in the particular state you want to sue in.

    Any and every court must have two things: subject matter jurisdiction and personal jurisdiction.

    The other approach is to sue in US District Court but you could never establish the $50,000 minimum controversy required for jurisdiction under diversity of citizenship.

    If you sue in a court that has no personal jurisdiction the case will be dismissed or the defendant will have it moved to his jurisdiction.

    You will never in a million years find an attorney to take such a case on a contingency agreement.

  5. #5
    Join Date
    Jul 2009
    Posts
    249

    Default Re: Libeled on a Weblog

    Quote Quoting invicta
    View Post
    Good day

    A colleague and I and our respective businesses are being very seriously libelled by an anonymous blog poster who I suspect is located in the New York City area.

    The libeller has also threatened on the blog to murder my colleague.

    I have no doubt whatsoever that we have an excellent case against the blogger and also probably the site owner and the ISP.

    I understand from my research that we can bring action against those involved pretty much anywhere in the world...... BUT can someone tell me how I find a lawyer/solicitor who will act on a no win no fee basis?

    I must have emailed 20 people but they all want to work for horrendously expensive fees.....
    Under US law, you might not actually have much of a case against the site owner or the ISP. The digital millenium copyright act goes a long way to immunize providers for user actions. Not sure about law across the pond though.

    In this type of case, you might have trouble finding an attorney willing to work on a contingency fee basis. Especially because the defendants are anonymous, it isn't known whether they have any assets to attach. You might have to pay upfront, at least, for the discovery process to find out who the libelers are.

    If you find out they have assets, you might have better luck finding an attorney willing to work for a contingency fee. If they don't have any assets, you will probably have to pay for the whole case up front.

  6. #6
    Join Date
    Jan 2010
    Posts
    2

    Default Re: Libeled on a Weblog

    I had 2 replies this afternoon from different lawyers whose sites promise no win no fee.

    One wanted to charge me UKP500 per hour and the other offered me a flat fee for the entire prosecution........................... of UKP100K

    So much for justice for for all.

    I'll get on the phone tomorrow and thanks for the tip though.

    My/our case is 110% sure so I guess I'll find someone eventually.

    My colleague and I are living in South Africa but I'm a Brit and would prefer to bring a case there if possible because I understand their rulings tend to be more draconian...... I'm livid about this and I REALLY want my pound of flesh!

  7. #7
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Libeled on a Weblog

    Ah yes, I overlooked the "solicitor" mention and your rather quaint spelling used in merry olde England.

    This is a US forum. If you sue somehow in England, no US court will recognize a libel judgment from England. It will be worthless unless the defendant has assets in the British Empire.

    Not certain how things work there, but in the US, the burden of proof is on the plaintiff. Also, the libel has to be a mis-statement of fact. Opinion is protected by the First Amendment. If the statements are substantially true, truth is a complete defense. Thus, they have to be facts you can prove as the burden is on you.

    You can sue the ISP/Blog owner to find out the identity of the poster, but you can't sue them for damages if they comply with the DMCA. Perhaps though they do not comply. There are requirements to be covered by that, it is not automatic as some people seem to think. You'd have to research that.

    There are other ways to handle it. Threatening letters from lawyers or a polite telephone call might work. Personally I would suggest approaching it from a trademark perspective.

    In almost any approach you want to take, it will be much easier if your business corporation were to register as a foreign corporation in a US state, such as New York, if you think the blogger is there, that would be a good choice. Then your business legally exists and has standing to go to court in the US. File your trademarks and tradenames on the federal and state level. You can then enforce them in a US or state court in New York.

    Personally I am working on a system that will help to eliminate these problems but not ready to launch yet. You might want to check out certified-truth.com in about thirty days.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Libeled on a Weblog

    You also need to understand the problems of jurisdiction...you can't really "forum shop" to find which country best supports your point of view. Your case would be heard in either your country of residence - South Africa - or the US. Not the UK.

    The other problem you have is this: an attorney will only take a case on contingency if there is a strong chance at a good pay-out. So, before you go further you need to assess your tangible damages.

    If you can't find an attorney to take the case on contingency it's a good indication that you don't actually have a case worth taking to trial.

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