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[+] Help Request - Michael /KS (13 replies)
8/25/2006 6:07:19 PM (2943 views)

[+] ONE STOP - mason haas/NY (2 replies)
8/25/2006 3:26:05 PM (2843 views)

[+] Want to build a Network - Anna Cousins/CA (6 replies)
8/25/2006 2:43:06 AM (2794 views)

[+] How Criminals Use County Websites - David Bloys/TX (2 replies)
8/24/2006 4:27:29 PM (3753 views)

[-] they cancelled my check... - Loretta Reed/MD (46 replies)
8/24/2006 9:14:27 AM (3275 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/24/2006 9:55:44 AM (3026 views)
Re: they cancelled my check... - Robert Franco/OH
8/24/2006 11:05:06 AM (2920 views)
Re: they cancelled my check... - JOSEPH MARTINEZ/NM
8/30/2006 4:34:50 PM (2811 views)
Re: they cancelled my check... - Jay Duncan/MO
8/24/2006 2:06:14 PM (2811 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/24/2006 5:27:04 PM (2728 views)
Re: they cancelled my check... - Matt Papsch/MD
8/24/2006 4:21:35 PM (2738 views)
Re: they cancelled my check... - STEVE MEINECKE/VA
8/24/2006 5:42:57 PM (2746 views)
Re: they cancelled my check... - Barbara Bennett/IN
8/24/2006 6:00:11 PM (2809 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 8:37:53 PM (2896 views)
Re: they cancelled my check... - STEVE MEINECKE/VA
8/24/2006 9:47:56 PM (2968 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 10:12:28 PM (2948 views)
Re: they cancelled my check... - Angelica Schneider/IN
8/24/2006 10:17:05 PM (2801 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 11:03:59 PM (2822 views)
Re: they cancelled my check... - monica froese/ME
8/24/2006 11:34:27 PM (2746 views)
Re: they cancelled my check... - Tammy Knight/MO
8/25/2006 4:29:47 AM (2911 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 4:48:44 AM (2797 views)
Re: they cancelled my check... - Wendi See/SC
8/26/2006 2:14:18 PM (3115 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/26/2006 7:28:52 PM (2918 views)
Re: they cancelled my check... - Wendi See/SC
8/26/2006 8:22:28 PM (2914 views)
Re: they cancelled my check... - Tammy Knight/MO
8/27/2006 1:46:55 AM (2772 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/27/2006 6:01:33 AM (2865 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 (2887 views)
Re: they cancelled my check... - Tammy Knight/MO
8/28/2006 1:03:11 AM (3061 views)
Re: they cancelled my check... - George Booth/TX
8/28/2006 11:30:47 AM (2806 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 4:44:32 AM (2744 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 5:04:25 AM (2728 views)
Re: they cancelled my check... - David Bloys/TX
8/25/2006 11:06:49 AM (2757 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 6:52:56 PM (2772 views)
Re: they cancelled my check...Got an idea - Loretta Reed/MD
8/27/2006 6:38:02 PM (2863 views)
Re: they cancelled my check...Got an idea - Wendi See/SC
8/27/2006 8:25:29 PM (2737 views)
Re: they cancelled my check... - Tammy Knight/MO
8/30/2006 6:20:39 PM (2655 views)
Re: they cancelled my check... - Sandra Morton/KS
8/28/2006 1:25:36 PM (2837 views)
Re: they cancelled my check...they may be in more trouble... - Loretta Reed/MD
8/29/2006 9:57:49 AM (2856 views)
Re: they cancelled my check...they may be in more trouble... - Kevin Ahern/CT
8/29/2006 10:14:08 AM (2946 views)
Re: they cancelled my check... - JOSEPH MARTINEZ/NM
8/30/2006 4:29:39 PM (2869 views)
Re: they cancelled my check... - Loretta Reed/MD
8/30/2006 10:08:34 PM (2714 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
8/31/2006 10:10:40 PM (2672 views)
Re: they cancelled my check...UPDATE - Jay Duncan/MO
8/31/2006 11:14:36 PM (2574 views)
Re: they cancelled my check...UPDATE - Robert Franco/OH
9/1/2006 1:28:20 AM (2790 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
9/1/2006 7:50:56 AM (2550 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 11:16:52 AM (2499 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
9/1/2006 3:08:16 PM (2683 views)
Re: they cancelled my check...UPDATE - Robert Franco/OH
9/1/2006 3:21:06 PM (2667 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 3:58:13 PM (2515 views)
Re: they cancelled my check...UPDATE - Jay Duncan/MO
9/1/2006 4:27:52 PM (2497 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 4:45:59 PM (2478 views)


Real Title Services


[+] Same Scam - Different Approach - Jay Duncan/MO (3 replies)
8/23/2006 8:15:09 AM (4006 views)

[+] Info on TitleSearch USA INC? - Corey McClelland/MI (8 replies)
8/20/2006 10:09:11 PM (3596 views)

[+] Abstractor Tools - Angelica Schneider/IN (1 reply)
8/19/2006 5:58:59 PM (2822 views)

Anyone interested in Riverside County CA Commercial Searches? - L ROLAND/CA
8/18/2006 6:59:48 PM (2351 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 (3078 views)

[+] NALTEA Conference 2007 - Wanda Steudel/OH (3 replies)
8/18/2006 10:21:44 AM (4095 views)

[+] Deed forgery article - Dave Pell/GA (2 replies)
8/18/2006 9:21:26 AM (2808 views)

[+] REM vs. Personam Judgments - Erik Bolme/KY (3 replies)
8/17/2006 9:42:18 PM (2871 views)

[+] 424 - J Nisonger/CA (13 replies)
8/16/2006 8:41:53 PM (2683 views)

Info on J.M.R. Retrieval - Brad McCollom/IN
8/16/2006 6:28:28 PM (2238 views)


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