Comments on: The Libel Suit? It is On http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/ Book reviews, industry news, and commentary from a reader's point of view Fri, 19 Mar 2010 23:22:11 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Anonymous observer http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-191242 Anonymous observer Mon, 09 Feb 2009 21:19:04 +0000 http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-191242 I watched the trial. As bad as we may feel for DK for standing up for what he perceived were aggressive techniques to stop someone from saying something (the lady author), the law still allows someone to protect their professional reputation. To attack the lawyer who drafted a demand letter because it was his job was way out of hand. What DK did was try to gain leverage over an attorney by thinking he could hurt his reputation. Well, careful what you ask for, you just might get it. He should have made his donate button bigger, b/c he represented himself, and the other side needed only give him enough rope to hang himself, which he promptly did. The jury returned a verdict of over $230K for the Plaintiff. We will be talking about this case for some time, under the discussion "what NOT to do when a lawyer sues for you $200k" I watched the trial. As bad as we may feel for DK for standing up for what he perceived were aggressive techniques to stop someone from saying something (the lady author), the law still allows someone to protect their professional reputation. To attack the lawyer who drafted a demand letter because it was his job was way out of hand. What DK did was try to gain leverage over an attorney by thinking he could hurt his reputation. Well, careful what you ask for, you just might get it.
He should have made his donate button bigger, b/c he represented himself, and the other side needed only give him enough rope to hang himself, which he promptly did.
The jury returned a verdict of over $230K for the Plaintiff. We will be talking about this case for some time, under the discussion “what NOT to do when a lawyer sues for you $200k”

]]> By: Kevin Nelson http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-163762 Kevin Nelson Mon, 02 Jun 2008 12:38:12 +0000 http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-163762 I've been following the Cretella suit fairly carefully. (It is separate from the Bauer suit.) David Kuzminski, editor of "Preditors and Editors," is the defendant, but most of the allegedly defamatory statements were not made on "Preditors and Editors." As far as the ethics complaint against Cretella is concerned, Kuzminski allegedly sent out a mass email to members of the Maryland State Bar Association's ethics committee. One issue: apparently that is not the proper procedure for filing an ethics complaint. Cretella alleges that certain statements in the mass email were defamatory per se. In response to Laura Elliott's question, Cretella has indeed alleged "actual malice." Whether he will be able to back that up is, of course, another matter. Jane notes that "infringing on a contract" is a very odd phrase. I feel fairly sure that this is just a slip for "breaching a contract." In the latest development in this lawsuit, the judge has dismissed two of the counts in Cretella's complaint, but five counts remain. Kuzminski is still representing himself. I have to say that it looks to me as though he is seriously out of his depth, legally speaking. For one thing, he appears not to have participated in a discovery conference as required by rule 26(f) of the Federal Rules of Civil Procedure. I can understand why he wouldn't want to sit down with Cretella. But from my non-lawyer's perspective, rule 26(f) looks pretty unyielding. Since "Preditors and Editors" still has a donation button for a legal defense fund, I presume that Kuzminski is actively looking for a lawyer. I think he would greatly benefit from finding one, and soon. I’ve been following the Cretella suit fairly carefully. (It is separate from the Bauer suit.) David Kuzminski, editor of “Preditors and Editors,” is the defendant, but most of the allegedly defamatory statements were not made on “Preditors and Editors.” As far as the ethics complaint against Cretella is concerned, Kuzminski allegedly sent out a mass email to members of the Maryland State Bar Association’s ethics committee. One issue: apparently that is not the proper procedure for filing an ethics complaint. Cretella alleges that certain statements in the mass email were defamatory per se.

In response to Laura Elliott’s question, Cretella has indeed alleged “actual malice.” Whether he will be able to back that up is, of course, another matter.

Jane notes that “infringing on a contract” is a very odd phrase. I feel fairly sure that this is just a slip for “breaching a contract.”

In the latest development in this lawsuit, the judge has dismissed two of the counts in Cretella’s complaint, but five counts remain. Kuzminski is still representing himself. I have to say that it looks to me as though he is seriously out of his depth, legally speaking. For one thing, he appears not to have participated in a discovery conference as required by rule 26(f) of the Federal Rules of Civil Procedure. I can understand why he wouldn’t want to sit down with Cretella. But from my non-lawyer’s perspective, rule 26(f) looks pretty unyielding.

Since “Preditors and Editors” still has a donation button for a legal defense fund, I presume that Kuzminski is actively looking for a lawyer. I think he would greatly benefit from finding one, and soon.

]]> By: Me http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-151243 Me Thu, 13 Mar 2008 17:00:27 +0000 http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-151243 One of my friends is listed in the suit from Bauer. Also listed on her suit are Patrick Nielsen Hayden and his ( senior editors at Tor ), SFWA, and... Wikipedia. One of my friends is listed in the suit from Bauer. Also listed on her suit are Patrick Nielsen Hayden and his ( senior editors at Tor ), SFWA, and… Wikipedia.

]]> By: Eirin http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-146349 Eirin Fri, 29 Feb 2008 10:13:19 +0000 http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-146349 I'm amazed that Bauer actually went so far as to sue! She's been throwing threats around for years, but no one ever thought ten wild horses could drag her inside a courtroom and potential Full Discovery. If not for the fact that this could be very expensive for Dave no matter what, I'd be hugely entertained by Bauer having to prove she's <i>not</i> a scammer. I’m amazed that Bauer actually went so far as to sue!
She’s been throwing threats around for years, but no one ever thought ten wild horses could drag her inside a courtroom and potential Full Discovery.
If not for the fact that this could be very expensive for Dave no matter what, I’d be hugely entertained by Bauer having to prove she’s not a scammer.

]]> By: Laura Elliott http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-145808 Laura Elliott Wed, 27 Feb 2008 21:01:25 +0000 http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-145808 I thought in cases of libel, the person has to prove it was done with malicious intent? And it has to be untrue? Look out, my one course in Business Law is rearing its ugly head. I thought in cases of libel, the person has to prove it was done with malicious intent? And it has to be untrue?

Look out, my one course in Business Law is rearing its ugly head.

]]> By: DS http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-145778 DS Wed, 27 Feb 2008 19:49:57 +0000 http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-145778 An attorney thinks that they can get damages because they were reported for an ethics violation-- I assume that is why he was reported to the MD state bar. Oh, puhleeze. When pigs get their own air traffic controllers. An attorney thinks that they can get damages because they were reported for an ethics violation– I assume that is why he was reported to the MD state bar. Oh, puhleeze. When pigs get their own air traffic controllers.

]]> By: Teresa Nielsen Hayden http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-145747 Teresa Nielsen Hayden Wed, 27 Feb 2008 18:27:46 +0000 http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-145747 There are other sites that said the same about Barbara Bauer, and a great many other sites that have reproduced the Worst Agent List. I'm convinced all this legal activity is happening because the Worst Agent List has been so effective. A lot of people out there have a long-term habit of getting paid for doing nothing. In some cases, I think they're also upset because they aren't accustomed to thinking of themselves as dishonest. I don't have a lot of sympathy. If you've been selling your services as an agent for a year or two, but not selling any books for your clients, you might be forgiven for telling yourself that your agency is just being slow to get started. When it's been a decade or more, you don't have much excuse. There are other sites that said the same about Barbara Bauer, and a great many other sites that have reproduced the Worst Agent List. I’m convinced all this legal activity is happening because the Worst Agent List has been so effective. A lot of people out there have a long-term habit of getting paid for doing nothing.

In some cases, I think they’re also upset because they aren’t accustomed to thinking of themselves as dishonest. I don’t have a lot of sympathy. If you’ve been selling your services as an agent for a year or two, but not selling any books for your clients, you might be forgiven for telling yourself that your agency is just being slow to get started. When it’s been a decade or more, you don’t have much excuse.

]]> By: News for UF Writers « Urban Fantasy Land http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-145733 News for UF Writers « Urban Fantasy Land Wed, 27 Feb 2008 17:55:43 +0000 http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-145733 [...] courts, according to the news via Smart Bitches Who Love Trashy Novels. The unfairness here is, as Dear Author points out, there are at least three other well-known websites that said the same thing about Barbara Bauer, [...] [...] courts, according to the news via Smart Bitches Who Love Trashy Novels. The unfairness here is, as Dear Author points out, there are at least three other well-known websites that said the same thing about Barbara Bauer, [...]

]]> By: Jane http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-145706 Jane Wed, 27 Feb 2008 17:09:42 +0000 http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-145706 I think that it is the assertion that his activities are somehow unlawful have harmed his business reputation. I haven't seen the complaint so I am just guessing here. I think that it is the assertion that his activities are somehow unlawful have harmed his business reputation. I haven’t seen the complaint so I am just guessing here.

]]> By: jmc http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-145705 jmc Wed, 27 Feb 2008 17:05:12 +0000 http://dearauthor.com/wordpress/2008/02/27/the-libel-suit-it-is-on/#comment-145705 I'm perplexed, perhaps because I just haven't read enough of the background information. How is filing a complaint with the AGC libelous? I don't believe that complaints to the AGC are published (by the AGC). If the attorney is reprimanded, that info is published, but only after the investigation is complete. Unless the libel allegation is about P&E's public statements, rather than the mention of the AGC? I’m perplexed, perhaps because I just haven’t read enough of the background information. How is filing a complaint with the AGC libelous? I don’t believe that complaints to the AGC are published (by the AGC). If the attorney is reprimanded, that info is published, but only after the investigation is complete. Unless the libel allegation is about P&E’s public statements, rather than the mention of the AGC?

]]>