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re: Poli Board Defamation Scholars

Posted on 4/24/26 at 1:43 pm to
Posted by Dizz
Member since May 2008
16120 posts
Posted on 4/24/26 at 1:43 pm to
quote:

Atlantic used are spreading hearsay and Patel has first hand witness testimony contradicting that, The Atlantic may be screwed here.


No they still would not be screwed. Patel would have to show that they acted with "reckless disregard" meaning they knew for a fact the the informatoin was false. The Atlantic only has to meet a reasonable standard for its reliance on the information.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138525 posts
Posted on 4/24/26 at 1:48 pm to
quote:

Tell me why Crimson77’s analysis is flawed
Seems like a reasonable take.

... which Patel would also know.

Obviously, the man has a reason to bring the suit.
So the question is why would he do it?
Posted by Ham Malone
Member since Nov 2010
2693 posts
Posted on 4/24/26 at 1:54 pm to
If he wins he wins and if he loses he can play the victim card.
Posted by Judnnc
Member since Jun 2025
613 posts
Posted on 4/24/26 at 1:57 pm to
it was a hit piece,he was correct on that.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138525 posts
Posted on 4/24/26 at 1:58 pm to
quote:

if he loses he can play the victim card.
Negative.
If he's done some of the things, ANY of them, that he's accused of, playing the victim card won't help. Right now this thing stands as a rumor-based unserious piece. A court case verifying claims offers the ability to elevate it far above that stage.
Posted by Rebel
Graceland
Member since Jan 2005
143703 posts
Posted on 4/24/26 at 1:58 pm to
quote:

The comment about Rebel is superfluous because he’s dumb and doesn’t understand litigation and leverage. It was low-hanging fruit that he sells booze and that’s germane to this story.


I don't understand litigation and leverage? You are the one that claimed Nick Sandmann and Lin Wood split 5 thousand dollars. Do you still stand by that?

(i don't sell liquor. my family owns a wholesale distributor)
Posted by davyjones
NELA
Member since Feb 2019
36546 posts
Posted on 4/24/26 at 2:09 pm to
quote:

the last guy couldn’t so maybe you’re up to the task.

The “last guy” never said anything about anyone being wrong or right or anything like that. You failed to grasp my remarks from the jump.

Oh, and as for “haute” attitude….. I give in return what I receive.
Posted by boosiebadazz
Member since Feb 2008
85486 posts
Posted on 4/24/26 at 2:13 pm to
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Knives are out for Kash daddy
This post was edited on 4/24/26 at 2:15 pm
Posted by Ham Malone
Member since Nov 2010
2693 posts
Posted on 4/24/26 at 2:20 pm to
Your profile says you’re an attorney and you referenced a theoretical attorney who could make a counter argument. It was reasonable to make the jump that you were that attorney.

This was a pointless interaction which you appear to have a reputation for participating in frequently on this board.
Posted by davyjones
NELA
Member since Feb 2019
36546 posts
Posted on 4/24/26 at 2:42 pm to
Yeah it’s a pointless conversation if and when one party to the conversation is unable to grasp various concepts. And it’s not like they’re overly complicated concepts either. So then you get frustrated and start casting aspersions. You’re just like anyone else who’s ever had a problem with me, so sure, I’ll add you to the group. They too take issue with the structure of my posts and fuss about “use less words,” and “use simpler words”. Welcome aboard.
Posted by Ham Malone
Member since Nov 2010
2693 posts
Posted on 4/24/26 at 2:56 pm to
You didn’t coney any concepts to grasp. Your posts in this thread consist of you insinuating knowledge that you obviously don’t have. Best of luck to the next poster you drag down into the briar patch.
Posted by boosiebadazz
Member since Feb 2008
85486 posts
Posted on 4/24/26 at 2:57 pm to
He has arse burgers, dude. We just kind of pat him on the head and move along.
This post was edited on 4/24/26 at 2:58 pm
Posted by davyjones
NELA
Member since Feb 2019
36546 posts
Posted on 4/24/26 at 3:09 pm to
quote:

We just kind of

So basically you, Ham Malone, your mom, and maybe a small handful of random n’er-do-wells amongst us? Oh gosh, I better change my ways!
Posted by boosiebadazz
Member since Feb 2008
85486 posts
Posted on 4/24/26 at 3:13 pm to
Posted by imjustafatkid
Alabama
Member since Dec 2011
65581 posts
Posted on 4/24/26 at 3:16 pm to


Imagine thinking the Atlantic is trustworthy.
Posted by BBONDS25
Member since Mar 2008
59262 posts
Posted on 4/24/26 at 3:28 pm to
quote:

Tell me why Crimson77’s analysis is flawed, the last guy couldn’t so maybe you’re up to the task.


Haven’t seen his analysis. Live to read it if you can link it.

And I know you appeal to the fact he says he has tried these cases. Ive only tried two. So. It not as experienced as him.


However…that fact that in a defamation case discovery is basically unlimited and can go into every single facet of a plaintiff’s entire life leads me to believe that it would be foolish for Kash to file the claim if there was any history of substance abuse.

Additionally, the failure of the Atlantic to name a single of their dozen alleged sources is a huge red flag.

I’m happy to entertain any further questions.
Posted by Ham Malone
Member since Nov 2010
2693 posts
Posted on 4/24/26 at 3:40 pm to
His posts are in this thread and appeared to provide a good explanation of the difficulties Kash will have in winning this case.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138525 posts
Posted on 4/24/26 at 3:44 pm to
quote:

Haven’t seen his analysis. Live to read it if you can link it.

And I know you appeal to the fact he says he has tried these cases. Ive only tried two. So. It not as experienced as him.


However…that fact that in a defamation case discovery is basically unlimited and can go into every single facet of a plaintiff’s entire life leads me to believe that it would be foolish for Kash to file the claim if there was any history of substance abuse.

Additionally, the failure of the Atlantic to name a single of their dozen alleged sources is a huge red flag.

I’m happy to entertain any further questions.
They cite it, then don't link it

Here it is.
quote:

This is no judgement on whether the article is correct or not. As a matter of law, the case is likely to get dismissed if not settled. It is very, very, difficult to sue a reporter for defaming a public official, due to the NY Times v. Sullivan case. He would essentially need to prove not only that the story is false, but that the outlet new for a fact it was false, and even further that they published it for the purpose of trying to hurt him. If the outlet can even show that they had a couple of sources that alleged what was in the story, they'll likely get the case dismissed.

Source: I litigate defamation cases regularly.

LINK
Posted by BBONDS25
Member since Mar 2008
59262 posts
Posted on 4/24/26 at 4:04 pm to
quote:

They cite it, then don't link it


So actual malice. Which the subject of the op would certainly prove if their sources weren’t vetted. Just as I said. I understand these cases are often not successful. That does not mean never successful. The Atlantic may have stepped in it here. The reporters statement in the OP would be the exact nail in the coffin needed. I predict a settlement.
Posted by JimEverett
Member since May 2020
2357 posts
Posted on 4/24/26 at 4:46 pm to
You may be right. I was thinking more from the standpoint of the case being won overall but as you said in another post if the idea is to get discovery then DC might not be a bad venue.
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