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[+] Tax lien redemptions - Kevin Ahern/CT (17 replies)
8/28/2006 6:52:32 AM (2941 views)

[+] Help Request - Michael /KS (13 replies)
8/25/2006 6:07:19 PM (3095 views)

[+] ONE STOP - mason haas/NY (2 replies)
8/25/2006 3:26:05 PM (2990 views)

[+] Want to build a Network - Anna Cousins/CA (6 replies)
8/25/2006 2:43:06 AM (2920 views)

[+] How Criminals Use County Websites - David Bloys/TX (2 replies)
8/24/2006 4:27:29 PM (3943 views)




[-] they cancelled my check... - Loretta Reed/MD (46 replies)
8/24/2006 9:14:27 AM (3423 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/24/2006 9:55:44 AM (3377 views)
Re: they cancelled my check... - Robert Franco/OH
8/24/2006 11:05:06 AM (3269 views)
Re: they cancelled my check... - JOSEPH MARTINEZ/NM
8/30/2006 4:34:50 PM (3182 views)
Re: they cancelled my check... - Jay Duncan/MO
8/24/2006 2:06:14 PM (3162 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/24/2006 5:27:04 PM (3093 views)
Re: they cancelled my check... - Matt Papsch/MD
8/24/2006 4:21:35 PM (3064 views)
Re: they cancelled my check... - STEVE MEINECKE/VA
8/24/2006 5:42:57 PM (3111 views)
Re: they cancelled my check... - Barbara Bennett/IN
8/24/2006 6:00:11 PM (3178 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 8:37:53 PM (3244 views)
Re: they cancelled my check... - STEVE MEINECKE/VA
8/24/2006 9:47:56 PM (3356 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 10:12:28 PM (3301 views)
Re: they cancelled my check... - Angelica Schneider/IN
8/24/2006 10:17:05 PM (3180 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 11:03:59 PM (3177 views)
Re: they cancelled my check... - monica froese/ME
8/24/2006 11:34:27 PM (3112 views)
Re: they cancelled my check... - Tammy Knight/MO
8/25/2006 4:29:47 AM (3297 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 4:48:44 AM (3165 views)
Re: they cancelled my check... - Wendi See/SC
8/26/2006 2:14:18 PM (3462 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/26/2006 7:28:52 PM (3264 views)
Re: they cancelled my check... - Wendi See/SC
8/26/2006 8:22:28 PM (3295 views)
Re: they cancelled my check... - Tammy Knight/MO
8/27/2006 1:46:55 AM (3136 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/27/2006 6:01:33 AM (3222 views)

The American system of justice differs from the English system. Under the English system the loser pays the winner's court costs and attorney's fees. Under the American system the loser generally pays the court costs but not the winner's Attorney's fees. Each state has its own interpretation of this rule, and you would need to consult your state's position on it. In Connecticut you would need to have either a statute or a contract that provides for recovery of attorney's fees in order to recover them.

In Connecticut defamation is a common law tort, and not a statutory cause of action. Therefore, Connecticut residents can not recover attorney's fees for a defamation case. However, the plaintiff may be entitled to exemplary damages which can be substantial, and can more than compensate for his attorney's fees if he wins. The plaintiff may also recover damages he has already experienced as well as those that he could reasonably be expected to experience in the future from the defamatory statement.

However, all is not lost. If the defamatory statement falsely disparaged the opponant's business product or service, it may give rise to a suit for unfair trade practices. Unfair trade practices are a statutory cause of action in Connecticut. The winner can recover double, sometimes tripple damages, attorney's fee and court costs. In this scenario you would file a multi count complaint with causes of action for unfair trade practices and common law defamation as a fall back position. It is easier to win an unfair trade practices case than a common law defamation case because the statement does not need to be intentional in order to be unfair.

If you are a defendant in a defamation suit, you would not recover anything unless you file a counter claim. You may not have any factual basis for a counter claim, and filing one without a reasonable basis could result in your being subsequently sued again for vexatious litigation, another statutory cause of action that also provides for the recovery of double, simetimes tripple damages, attorney's fee and court costs.

Whether a statement is defamatory or truthful often depends on the litigants' interpretation of the statement. The plaintiff believing the statement to be defamatory could very well sue the defendant who believes it to be truthful. The ultimate decision lies with the trier of fact (judge/jury). The cost of pretrial discovery can be astronomical. I represented a plaintiff in a libel case several years ago in which the defendant was desparately trying to prove the truth of his client's statement. He filed a very broad production request for a multitude of my client's documents. He was trying to back us off the claim rather than having to comply with the demand for so many documents. We took the opposite approach and produced 164 cartons of documents, and told him to help himself. The cost of document production was expensive, but ultimately the defendant settled the case  for an  an amount satisfactory to my client

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Re: they cancelled my check... - Wendi See/SC
8/27/2006 9:59:14 AM (3243 views)
Re: they cancelled my check... - Tammy Knight/MO
8/28/2006 1:03:11 AM (3432 views)
Re: they cancelled my check... - George Booth/TX
8/28/2006 11:30:47 AM (3152 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 4:44:32 AM (3138 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 5:04:25 AM (3102 views)
Re: they cancelled my check... - David Bloys/TX
8/25/2006 11:06:49 AM (3112 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 6:52:56 PM (3147 views)
Re: they cancelled my check...Got an idea - Loretta Reed/MD
8/27/2006 6:38:02 PM (3223 views)
Re: they cancelled my check...Got an idea - Wendi See/SC
8/27/2006 8:25:29 PM (3105 views)
Re: they cancelled my check... - Tammy Knight/MO
8/30/2006 6:20:39 PM (2989 views)
Re: they cancelled my check... - Sandra Morton/KS
8/28/2006 1:25:36 PM (3209 views)
Re: they cancelled my check...they may be in more trouble... - Loretta Reed/MD
8/29/2006 9:57:49 AM (3222 views)
Re: they cancelled my check...they may be in more trouble... - Kevin Ahern/CT
8/29/2006 10:14:08 AM (3286 views)
Re: they cancelled my check... - JOSEPH MARTINEZ/NM
8/30/2006 4:29:39 PM (3223 views)
Re: they cancelled my check... - Loretta Reed/MD
8/30/2006 10:08:34 PM (3067 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
8/31/2006 10:10:40 PM (3041 views)
Re: they cancelled my check...UPDATE - Jay Duncan/MO
8/31/2006 11:14:36 PM (2919 views)
Re: they cancelled my check...UPDATE - Robert Franco/OH
9/1/2006 1:28:20 AM (3151 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
9/1/2006 7:50:56 AM (2910 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 11:16:52 AM (2857 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
9/1/2006 3:08:16 PM (3060 views)
Re: they cancelled my check...UPDATE - Robert Franco/OH
9/1/2006 3:21:06 PM (3004 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 3:58:13 PM (2905 views)
Re: they cancelled my check...UPDATE - Jay Duncan/MO
9/1/2006 4:27:52 PM (2879 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 4:45:59 PM (2828 views)

[+] Same Scam - Different Approach - Jay Duncan/MO (3 replies)
8/23/2006 8:15:09 AM (4150 views)

[+] Info on TitleSearch USA INC? - Corey McClelland/MI (8 replies)
8/20/2006 10:09:11 PM (3761 views)

[+] Abstractor Tools - Angelica Schneider/IN (1 reply)
8/19/2006 5:58:59 PM (2921 views)

Anyone interested in Riverside County CA Commercial Searches? - L ROLAND/CA
8/18/2006 6:59:48 PM (2421 views)

[+] New Management at US Title Search, Inc. - New Management at US Title Search, Inc./NJ (3 replies)
8/18/2006 2:28:08 PM (3194 views)

[+] NALTEA Conference 2007 - Wanda Steudel/OH (3 replies)
8/18/2006 10:21:44 AM (4235 views)

[+] Deed forgery article - Dave Pell/GA (2 replies)
8/18/2006 9:21:26 AM (2933 views)

[+] REM vs. Personam Judgments - Erik Bolme/KY (3 replies)
8/17/2006 9:42:18 PM (2982 views)

[+] 424 - J Nisonger/CA (13 replies)
8/16/2006 8:41:53 PM (2816 views)


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