Some case law for Francois about two CRIMs from TMRT which I happened to be very knowledgeable about. www1.bluemountain.com
"The Supreme Court has dismissed a defamation lawsuit brought by a Las Vegas developer against the Las Vegas Business Press. In a ruling last Wednesday, the Supreme Court unanimously decided Steven Reibel did not have grounds to sue the Business Press because an article about him included minor errors"
The developer actually had 13 active lawsuits against him. The court ruled the article was "substantially true," despite the inaccuracy because the fact he had 13 lawsuits "would not have a different effect on the mind of the reader." Earlier, District Judge Stephen Huffaker had made a summary judgment in favor of the Business Press, its former managing editor, Aaron Cohen, and reporter Paula Yakubik. But the court reversed Huffaker's decision requiring Reibel and Gem to pay $113,000 in attorneys' fees to the Business Press. CARSON CITY -- The Supreme Court has dismissed a defamation lawsuit brought by a Las Vegas developer against the Las Vegas Business Press. In a ruling last Wednesday, the Supreme Court unanimously decided Steven Reibel did not have grounds to sue the Business Press because an article about him included minor errors. In a July 1995 story, the Business Press reported there were 18 active lawsuits against Reibel, chairman of Gem Homes. Judges said there was no evidence Reibel filed a frivolous lawsuit that was meant to harass the Business Press. "Moreover, the fact that (Reibel and Gem) filed a defamation claim even though (the Las Vegas Business Press) published a retraction is not evidence of bad faith," according to the court. Therefore, justices ruled Reibel was not responsible for attorneys' fees. |
