We apologize for the several days we have not updated this blog but we've been working hard on several important legal issues.

As we have reported in previous blogs, the trial in the libel action we brought against defendants Joan Ross, John Luckacovic, Richard Bleezarde, Bleezarde Publishing Co., Inc. (publishers of the
News Herald newspaper) is still calendared for April 14, 2008. Defendants asked us to agree to an adjournment, which we amicably consented to, but the the judge said "
No way, José!" Defendants' attorneys have been very sloppy and thank G*d we have a no-nonsense judge on the case who doesn't put up with any
lawyer crapola.
In the meantime, we are preparing our case against several individuals and a newspaper involved in the publishing of what Mr
Scott Horne, in his benighted state, referred to as a "
brilliant" journalistic piece by Mr
Scott Waldman of the Albany
Times Union, a
Hearst Corporation newspaper, in which Waldman uses information obtained from
Internet troll Richard Benham and his
sockpuppet Scott Horne--despite the fact that Waldman was warned that the information was false or unverified and to publish it at his own (the
Times Union's) risk and hazard.
How does that apply to Internet abuse? You may well ask. Well, the
Times Union is part of a larger rag monger, the
Hearst Corportation, and apparently stories written in the
Times Union also get distributed to smaller papers and
Waldman's article, if you've read
Benham's and
Horne's postings on their blogs, was also posted on the Internet. Several other papers picked up the story and posted it on the Internet. Very bad for them! False facts, defamatory facts, unchecked facts, facts published despite knowledge of their falsity or information that they are false or unverified =
libel on its face.
Big jury awards are looming on the horizon!

Some of our readers may think: Well freedom of the press...? No. That one won't work here. Case law shows this. Newspapers don't enjoy total protection. It's still libel. And
Times v. Sullivan,
Milkowitz,
Immuno,
Gertz and all of the daughter cases based on those milestones won't help either. We've studied past cases brought against the
New York Times and against
Hearst Corporation in the past and which won and didn't have half the ammo we've collected. Sure,
Hearst will put up a
pro forma defense and try to defend
Waldman's stupidity but in the end we expect that they'll have to cave to justice. Their shareholders won't want the cat to hit the fan and get the publicity.
But what about the
Shield Laws? There is
no federal shield law in the United States, and state shield laws vary in scope. In general, however, a shield law aims to provide the classic protection
of, "a reporter cannot be forced to reveal his or her source" law. (For more information see
http://en.wikipedia.org/wiki/Shield_laws) Thus, a shield law may provide a privilege (
viz. protection) to a reporter pursuant to which the reporter cannot be forced by subpoena or other court order to testify about information contained in a news story and/or the source of that information. It would not be a good thing to bet the farm on this one.
Not entirely so, Mabel!New York is known as a “Shield Law” state for its law that shields the press from compelled disclosure of news sources and other confidential information and from compelled disclosure of non-confidential information such as notes or outtakes. The privilege provided under the shield law not to disclose sources is “
absolute,” i.e., non-defeasible under any circumstances. The privilege not to disclose notes and outtakes, on the other hand, is “
qualified,” i.e., defeasible when the information sought is (1)
highly material and relevant, (2)
necessary or critical to a party’s claim or defense, and (3) not obtainable from other available sources. For the landmark case on privilege see
U.S. v. Cutler 1991 10CIR 1188 948 F.2d 691 and for the landmark case on overriding press privilege, see
Krase v. Graco Children Products Inc.
Careful, defendants!We already know
Waldman's sources--
Benham and
Horne admit to sending out [doctored] press kits and other
fraudulent or
illegally obtained information and have not been shy about publishing
multiple admissions of their
defamations--and have identified the locals who were/are involved, so half our work is done!
But note this: After
Cutler v US, it appeared that reporters could protect their unpublished notes and outtakes only in New York’s state courts, not in its federal courts. If a reporter’s privilege existed in New York federal court at all,
Cutler indicated that the three-prong press disclosure test would be applied so tepidly as to make the privilege doctrine a virtual dead letter. (see also
Fed. R. Civ. P. 26).
We won't bore our readers with a lengthy discussion of the ramifications and the benefit of these observations and how they help our case but, rest assured, the next round of lawsuits will be in Federal Court and not in New York State Supreme Court for obvious reasons.

The
Superior Court of Québec,
Montréal Division, has agreed to allow us to depose a certain Internet abuser and defamer in Montréal! The court will even provide
examination room and will arrange for a
court stenographer! What great service! The great thing about this is that if the
sockpuppet doesn't show up, we have him picked up and arrested. That's only the half of the story. Since we'll be deposing him as a non-party, a third party, we don't have to notify defendants' attorneys and don't have to include them in the deposition. So,
SURPRISE! This will be an excellent opportunity to develop winning tactics and overcome a
certain someone's taking the Fifth Amendment protections to avoid answering deposition questions and we won't be jeopardizing our access to that
certain someone by compelling her to answer our questions over her Fifth Amendment trick. One more loss for defendants. Too bad. We won't mention any names here because the
suspense will be the icing on the cake.