December 30, 2008
— Ace When someone is willing to sue, it usually means they're telling the truth. Discovery is a bitch, and if there's a there there, she wouldn't risk it.
Thanks to CJ.
$27 Million: I missed the amount she's seeking. 27 large.
Posted by: Ace at
12:41 PM
| Comments (83)
Post contains 70 words, total size 1 kb.
Posted by: mac at December 30, 2008 12:47 PM (km5b4)
Posted by: DrewM. at December 30, 2008 12:48 PM (hlYel)
Posted by: Bob's Kid at December 30, 2008 12:49 PM (ZG16a)
Posted by: eman at December 30, 2008 12:51 PM (O8KSM)
Posted by: Jim Treacher at December 30, 2008 12:51 PM (NV3P1)
Posted by: buzz at December 30, 2008 12:52 PM (kwhut)
Posted by: Donkey Lips at December 30, 2008 12:52 PM (oKlJy)
Posted by: huerfano at December 30, 2008 12:52 PM (knHvu)
Posted by: jaleach at December 30, 2008 12:52 PM (gHrZU)
Posted by: eman at December 30, 2008 12:57 PM (O8KSM)
Sweet!
Posted by: Eric at December 30, 2008 12:57 PM (quZLX)
Posted by: Circa (Insert Year Here) at December 30, 2008 12:58 PM (B+qrE)
I wonder if she can actually win. The article implied something salacious, but journalistic bottom-feeders know how to libel within the legal limit. The New York Times has plenty of practice.
But Iseman and her attorney may not expect to win. They may be counting on the Times to pay off rather than expose their damaged brand to further damage in open court. It may be worth a million to make this go away.
Posted by: lyle at December 30, 2008 01:01 PM (aiizS)
Yes, because it's okay to have false rumors influence the outcome of a presidential election, but not a spirited rebuttal against them. That's brilliant thinking.
Qwinn
Posted by: Qwinn at December 30, 2008 01:02 PM (3FVXC)
Posted by: RedFox84 at December 30, 2008 01:03 PM (jG82H)
Oh boy, I can hardly wait. The lawsuit will be proclaimed to be a threat to the very existence of the NYT and, consequently, the viability of a free press. President Obama will allocate some TARP billions to bail out his propaganda machine(s). Let the healing begin, Chicago Style.
More importantly, will commentators on AOSHQ qualify for Fourth Estate bailout funds? I wait patiently for my check, unicorn, and rainbow.
Posted by: Publicserf at December 30, 2008 01:06 PM (rsOXj)
Posted by: Purple Avenger at December 30, 2008 01:08 PM (Z0HFQ)
Posted by: The Obvious at December 30, 2008 01:08 PM (1g+FW)
Posted by: mossback at December 30, 2008 01:08 PM (in8Vs)
This isn't about her reputation. It's about hurting the Times. They'll settle, and the settlement will be pretty large.
Posted by: The Obvious at December 30, 2008 01:10 PM (1g+FW)
Posted by: The Obvious at December 30, 2008 01:11 PM (1g+FW)
Posted by: eman at December 30, 2008 01:12 PM (O8KSM)
Posted by: WalrusRex at December 30, 2008 01:14 PM (DVVXZ)
Posted by: kev at December 30, 2008 01:16 PM (RYqhx)
Posted by: vinman at December 30, 2008 01:17 PM (idc+/)
Posted by: Ulises Jorge Bido at December 30, 2008 01:23 PM (oczdu)
Posted by: The Obvious at December 30, 2008 01:25 PM (1g+FW)
Posted by: Al at December 30, 2008 01:25 PM (CyBUS)
Posted by: Purple Avenger at December 30, 2008 01:25 PM (Z0HFQ)
Posted by: dan-O at December 30, 2008 01:27 PM (AEBFS)
I am thinking there maybe a lawyer or two out there thay may take this case on contingency.
Just thinkin...
Posted by: AndrewsDad at December 30, 2008 01:28 PM (C2//T)
Posted by: free at December 30, 2008 01:29 PM (cFwGO)
Posted by: The Obvious at December 30, 2008 01:29 PM (1g+FW)
That's what contingency fees are for. It's about time someone hit them back.
Posted by: alexthechick at December 30, 2008 01:36 PM (xUOXi)
Posted by: Herr Morgenholz at December 30, 2008 01:46 PM (ZSEm1)
She, and this lawsuit, are spooge-worthy indeed.
How beautiful would it be if she wins and greatly contributes to the downfall of the NYT?
Posted by: SamIam at December 30, 2008 01:48 PM (jl7C/)
Rush could by the NYT right now. How sweet would it be if he did so as an anonymous investor and then made Pinch/Punch/Paunch Sulzberger dance in Times Square for a hamburger?
Posted by: Herr Morgenholz at December 30, 2008 01:49 PM (ZSEm1)
That's what contingency fees are for. It's about time someone hit them back.
True. So please tell everyone center-right to stop railing against contingency fees.
Posted by: FloofyParisParamus at December 30, 2008 01:49 PM (hr1Fa)
Posted by: Herr Morgenholz at December 30, 2008 01:50 PM (ZSEm1)
Posted by: New York Times at December 30, 2008 01:54 PM (EW49d)
Posted by: Scrapiron at December 30, 2008 02:00 PM (XWJh5)
/sarc
Posted by: RoadRunner at December 30, 2008 02:11 PM (MJFrd)
Posted by: Mikey NTH at December 30, 2008 02:16 PM (TUWci)
Good luck to her. Hope she takes that worthless organization for everything it's worth. Granted, that's not that much these days, but still...
The only complaint I have here is that this is just now happening.
Posted by: SpideyTerry at December 30, 2008 02:17 PM (m9bd2)
Posted by: XBradTC at December 30, 2008 02:19 PM (/K0QE)
tmi3rd
Posted by: tmi3rd at December 30, 2008 02:23 PM (nHN8Z)
Posted by: Topsecretk9 at December 30, 2008 02:39 PM (UGtRM)
Posted by: Buck Naked - Pron Star at December 30, 2008 02:40 PM (gNXjy)
The thing about Sullivan, I believe, is that while it sets a damn high difficult bar for libel against a public official, it does not set an impossible one.
Meaning that if Iseman does have the facts on her side (and she has to be to be getting involved in this) and can prove that the Times intentionally lied about her (a third party not seeking the spotlight) and her sex life to maliciously or recklessly attack an ideological opponent, then this is damning.
If a court finds that the Times is culpable, especially because the standards set by Sullivan were intentionally set so damn high, then this is, to be truthful, a devastating shaming that may never be overcome. This would be ironic since Sullivan was a case that originally involved the once-proud Times.
And while I don't think that it would actually involve the actual legal case, the facts that she did wait untill after the election will play well with the court of public opinion.
Posted by: Lee at December 30, 2008 02:40 PM (TxTIh)
Posted by: eman at December 30, 2008 02:47 PM (O8KSM)
To elaborate further to a hypothetical small potatoes scenario.
Sullivan creates a very high bar to libel against a public official, especially politicians, because the dangers of restricting the free flow of political speech due to fear of lawsuit, especially frivilous lawsuit, is much more dangerous than the occasional risk of a reputation being unfairly harmed.
However, if a small town publisher simply hates a local political official, he can not intentionally sceme to tell outright malicious lies about that official. He can't blatantly lie and say this official likes little boys, or burnt down a church, or accidently killed someone while drunk back in college.
I don't think that Sullivan protects against an actual conspiracy to lie.
But such situations discussing whether Sullivan applies or not usually have to be hypothetical, because acheiveing that high bar of proof and culpability is extremely rare.
So for the NY Times, the supposed paper of record, the supposed standard by which all journalists and publishers should judge themselves by, to be brought down so low as to be guilty of libeling Iseman, and by extention John McCain, is breathtaking.
If this were in Japan, Pinch would pretty much be forced to disembowel himself to save face.
Posted by: Lee at December 30, 2008 02:52 PM (TxTIh)
Posted by: Fresh Air at December 30, 2008 02:57 PM (ytzxB)
Posted by: Fresh Air at December 30, 2008 03:00 PM (ytzxB)
Fresh Air ~ I'm definately not a lawyer, just remembering from a first amendment class I took back in college. But I think I'm generally right on this. I'm sure you and some other morons out there can shed some more light on this.
Posted by: Lee at December 30, 2008 03:12 PM (TxTIh)
Posted by: Frank G at December 30, 2008 03:19 PM (P0rQD)
Oooh! Change of venue, please!
Posted by: lmg at December 30, 2008 03:23 PM (A/vgC)
...I just hope she doesn't settle.
Posted by: G at December 30, 2008 03:35 PM (FAYNo)
Posted by: Dave J at December 30, 2008 03:46 PM (xHFvH)
Posted by: Fallen Sparrow at December 30, 2008 04:20 PM (gx1Lm)
Posted by: Daryl Herbert at December 30, 2008 04:32 PM (vpcJV)
Posted by: mossback at December 30, 2008 04:34 PM (in8Vs)
Posted by: mossback at December 30, 2008 04:36 PM (in8Vs)
The more correct slang term for 27 million dollars is 27 mill according to the money slang website.
Posted by: mossback at December 30, 2008 04:43 PM (in8Vs)
Posted by: Mr. Happy at December 30, 2008 05:01 PM (/YM8H)
Posted by: Thomas Jackson at December 30, 2008 05:34 PM (0Qynq)
Posted by: Mark at December 30, 2008 06:22 PM (HSVfY)
Hell, I bet the WaPo tosses a few bucks her way.
Posted by: Jean at December 30, 2008 06:22 PM (xCBQ4)
29 The NYT has staff lawyers on salary, she probably doesn't. That alone tells you who will probably prevail. They'll just run her out of money.
Not only are her lawyers likely working on contingency, as several above have mentioned, but the NYT will have to hire lawyers in Virginia to defend the case. Plus depositions and responding to discovery requests will tie everyone involved up in knots, leaving them even less time to practice their version of "journalism".
Posted by: buzz at December 30, 2008 06:41 PM (nlr0Y)
Posted by: Jean at December 30, 2008 06:59 PM (xCBQ4)
Posted by: Dave C at December 30, 2008 07:32 PM (4sgOQ)
I wouldn't think so; however, the complaint probably has a catch-all request for something like "any and all other lawful relief as may be deemed appropriate," which opens the door to them doing anything.
Posted by: Dave J at December 30, 2008 08:18 PM (xHFvH)
The Times still has a few assets of value, mostly real estate. I believe they have a small share of the Red Sox. And ultimately their brand name is still salable.
But the brand is vulnerable to this lawsuit. Under Pinch, the Times has grown in partisanship while bleeding out its integrity. The newspaper used to come into court swinging a ponderous reputation. Not any longer.
I wonder if Iseman is holding more than just a malicious bit of Times' hatchetry. She must have sworn statements from McCain staffers. What about tapes?
Does she have anything from inside the Times? That article embarrassed a lot of liberal reporters with its naked agenda and lack of evidence. What about within the Times itself?
The 'story' would not have been pursued and published without the active involvement of Pinch. He's an idiot. Can he hold up in court?
I doubt the Times will let this go to a jury.
Posted by: lyle at December 30, 2008 09:37 PM (aiizS)
The Times still has a few assets of value, mostly real estate. I believe they have a small share of the Red Sox. And ultimately their brand name is still salable.
But the brand is vulnerable to this lawsuit. Under Pinch, the Times has grown in partisanship while bleeding out its integrity. The newspaper used to come into court swinging a ponderous reputation. Not any longer.
I wonder if Iseman is holding more than just a malicious bit of Times' hatchetry. She must have sworn statements from McCain staffers. What about tapes?
Does she have anything from inside the Times? That article embarrassed a lot of liberal reporters with its naked agenda and lack of evidence. What about within the Times itself?
The 'story' would not have been pursued and published without the active involvement of Pinch. He's an idiot. Can he hold up in court?
I doubt the Times will let this go to a jury.
Posted by: lyle at December 30, 2008 09:37 PM (aiizS)
If the Izeman team can get some of the "sources" to testify under oath that the Times fucked with their statements, lied, manipulated, or otherwise distorted what they said- shes going to be a rich woman.
Posted by: TMF at December 31, 2008 03:35 AM (waaUg)
On the other hand- and I dont handle any defamation cases- Im not so sure the definition of defamation includes libel by "implication" and "reading between the lines". I would think the salacious comments would have to be pretty direct and explicit
But Im not sure.
Posted by: TMF at December 31, 2008 03:36 AM (waaUg)
Posted by: drjohn at December 31, 2008 03:39 AM (ToVRf)
Posted by: drjohn at December 31, 2008 03:43 AM (ToVRf)
Posted by: t.ferg at December 31, 2008 04:43 AM (2YVh7)
Posted by: kbiel at December 31, 2008 06:20 AM (HAib+)
The newspaper used to come into court swinging a ponderous reputation.
Coincidently, I also have the reputation of swinging something quite ponderous. You know what I mean ladies? Awww right... giggity.
Posted by: Lee at December 31, 2008 06:32 AM (TxTIh)
The NYT building should be used as a homeless shelter.
Posted by: Melodic Metal at December 31, 2008 06:38 AM (0TU9n)
Posted by: TallDave at December 31, 2008 09:01 AM (AZmZT)
Posted by: SK at January 02, 2009 10:35 AM (J1jrF)
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