Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] Naltea Members - Kurt deVries/FL (4 replies)
8/29/2006 3:45:49 PM (2660 views)

[+] Contemporary Realty - NON Payment - Joanie Hahr/VT (5 replies)
8/28/2006 12:43:56 PM (2874 views)

[+] Tax lien redemptions - Kevin Ahern/CT (17 replies)
8/28/2006 6:52:32 AM (2702 views)

[+] Help Request - Michael /KS (13 replies)
8/25/2006 6:07:19 PM (2838 views)

[+] ONE STOP - mason haas/NY (2 replies)
8/25/2006 3:26:05 PM (2736 views)




[+] Want to build a Network - Anna Cousins/CA (6 replies)
8/25/2006 2:43:06 AM (2711 views)

[+] How Criminals Use County Websites - David Bloys/TX (2 replies)
8/24/2006 4:27:29 PM (3637 views)

[-] they cancelled my check... - Loretta Reed/MD (46 replies)
8/24/2006 9:14:27 AM (3112 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/24/2006 9:55:44 AM (2686 views)
Re: they cancelled my check... - Robert Franco/OH
8/24/2006 11:05:06 AM (2609 views)
Re: they cancelled my check... - JOSEPH MARTINEZ/NM
8/30/2006 4:34:50 PM (2493 views)
Re: they cancelled my check... - Jay Duncan/MO
8/24/2006 2:06:14 PM (2544 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/24/2006 5:27:04 PM (2447 views)
Re: they cancelled my check... - Matt Papsch/MD
8/24/2006 4:21:35 PM (2449 views)
Re: they cancelled my check... - STEVE MEINECKE/VA
8/24/2006 5:42:57 PM (2425 views)
Re: they cancelled my check... - Barbara Bennett/IN
8/24/2006 6:00:11 PM (2513 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 8:37:53 PM (2581 views)
Re: they cancelled my check... - STEVE MEINECKE/VA
8/24/2006 9:47:56 PM (2679 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 10:12:28 PM (2640 views)
Re: they cancelled my check... - Angelica Schneider/IN
8/24/2006 10:17:05 PM (2545 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 11:03:59 PM (2547 views)
Re: they cancelled my check... - monica froese/ME
8/24/2006 11:34:27 PM (2508 views)
Re: they cancelled my check... - Tammy Knight/MO
8/25/2006 4:29:47 AM (2564 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 4:48:44 AM (2497 views)
Re: they cancelled my check... - Wendi See/SC
8/26/2006 2:14:18 PM (2805 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/26/2006 7:28:52 PM (2643 views)
Re: they cancelled my check... - Wendi See/SC
8/26/2006 8:22:28 PM (2654 views)
Re: they cancelled my check... - Tammy Knight/MO
8/27/2006 1:46:55 AM (2510 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/27/2006 6:01:33 AM (2589 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

to post a reply: login - or - register


Re: they cancelled my check... - Wendi See/SC
8/27/2006 9:59:14 AM (2615 views)
Re: they cancelled my check... - Tammy Knight/MO
8/28/2006 1:03:11 AM (2688 views)
Re: they cancelled my check... - George Booth/TX
8/28/2006 11:30:47 AM (2506 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 4:44:32 AM (2434 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 5:04:25 AM (2436 views)
Re: they cancelled my check... - David Bloys/TX
8/25/2006 11:06:49 AM (2472 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 6:52:56 PM (2445 views)
Re: they cancelled my check...Got an idea - Loretta Reed/MD
8/27/2006 6:38:02 PM (2596 views)
Re: they cancelled my check...Got an idea - Wendi See/SC
8/27/2006 8:25:29 PM (2475 views)
Re: they cancelled my check... - Tammy Knight/MO
8/30/2006 6:20:39 PM (2411 views)
Re: they cancelled my check... - Sandra Morton/KS
8/28/2006 1:25:36 PM (2563 views)
Re: they cancelled my check...they may be in more trouble... - Loretta Reed/MD
8/29/2006 9:57:49 AM (2611 views)
Re: they cancelled my check...they may be in more trouble... - Kevin Ahern/CT
8/29/2006 10:14:08 AM (2658 views)
Re: they cancelled my check... - JOSEPH MARTINEZ/NM
8/30/2006 4:29:39 PM (2533 views)
Re: they cancelled my check... - Loretta Reed/MD
8/30/2006 10:08:34 PM (2427 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
8/31/2006 10:10:40 PM (2417 views)
Re: they cancelled my check...UPDATE - Jay Duncan/MO
8/31/2006 11:14:36 PM (2274 views)
Re: they cancelled my check...UPDATE - Robert Franco/OH
9/1/2006 1:28:20 AM (2478 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
9/1/2006 7:50:56 AM (2290 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 11:16:52 AM (2240 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
9/1/2006 3:08:16 PM (2349 views)
Re: they cancelled my check...UPDATE - Robert Franco/OH
9/1/2006 3:21:06 PM (2374 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 3:58:13 PM (2259 views)
Re: they cancelled my check...UPDATE - Jay Duncan/MO
9/1/2006 4:27:52 PM (2237 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 4:45:59 PM (2178 views)

[+] Same Scam - Different Approach - Jay Duncan/MO (3 replies)
8/23/2006 8:15:09 AM (3901 views)

[+] Info on TitleSearch USA INC? - Corey McClelland/MI (8 replies)
8/20/2006 10:09:11 PM (3450 views)

[+] Abstractor Tools - Angelica Schneider/IN (1 reply)
8/19/2006 5:58:59 PM (2736 views)

Anyone interested in Riverside County CA Commercial Searches? - L ROLAND/CA
8/18/2006 6:59:48 PM (2294 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 (2980 views)

[+] NALTEA Conference 2007 - Wanda Steudel/OH (3 replies)
8/18/2006 10:21:44 AM (3992 views)

[+] Deed forgery article - Dave Pell/GA (2 replies)
8/18/2006 9:21:26 AM (2713 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8956 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

Implementing AI: Why Persistence Pays Off (and Most People Quit Too Soon)
Michael Gigliotti's Blog
2025/07/09
0 comments

Creative Ways Millennials and Gen Z Are Approaching Homeownership
Marissa Berends's Blog
2025/07/02
0 comments

How Another War in the Middle East Could Impact the Housing Market
Marissa Berends's Blog
2025/06/30
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

NAR Secures Major Wins for Real Estate in Landmark Tax Reform Bill
“For months, REALTORS® across America have been at the forefront of tax reform, making sure Congress understo...
Title Resources Group Announces Executive Management Transition
Title Resources Group (TRG), the nation's fifth largest title insurance underwriter, announced today the appointment of ...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage rates were lower across all loan types last week, with the 30-year fixed rate declining to its lowest le...
Stewart Group Senior Vice President, Direct Operations and President of Stewart Title of California Wyomia Clifton Honored with HousingWire's 2025 Women of Influence Award
Clifton currently oversees operations across nine states in her role as Group Senior Vice President, Direct Operations a...
Rocket Companies Completes Acquisition of Redfin
The companies also today introduced Rocket Preferred Pricing. Clients who finance their home through Rocket Mortgage and...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.