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[-] they cancelled my check... - Loretta Reed/MD (46 replies)
8/24/2006 9:14:27 AM (3239 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/24/2006 9:55:44 AM (2955 views)
Re: they cancelled my check... - Robert Franco/OH
8/24/2006 11:05:06 AM (2853 views)
Re: they cancelled my check... - JOSEPH MARTINEZ/NM
8/30/2006 4:34:50 PM (2742 views)
Re: they cancelled my check... - Jay Duncan/MO
8/24/2006 2:06:14 PM (2756 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/24/2006 5:27:04 PM (2664 views)
Re: they cancelled my check... - Matt Papsch/MD
8/24/2006 4:21:35 PM (2671 views)
Re: they cancelled my check... - STEVE MEINECKE/VA
8/24/2006 5:42:57 PM (2681 views)
Re: they cancelled my check... - Barbara Bennett/IN
8/24/2006 6:00:11 PM (2742 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 8:37:53 PM (2828 views)
Re: they cancelled my check... - STEVE MEINECKE/VA
8/24/2006 9:47:56 PM (2912 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 10:12:28 PM (2880 views)
Re: they cancelled my check... - Angelica Schneider/IN
8/24/2006 10:17:05 PM (2735 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 11:03:59 PM (2764 views)
Re: they cancelled my check... - monica froese/ME
8/24/2006 11:34:27 PM (2693 views)
Re: they cancelled my check... - Tammy Knight/MO
8/25/2006 4:29:47 AM (2843 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 4:48:44 AM (2731 views)
Re: they cancelled my check... - Wendi See/SC
8/26/2006 2:14:18 PM (3049 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/26/2006 7:28:52 PM (2854 views)
Re: they cancelled my check... - Wendi See/SC
8/26/2006 8:22:28 PM (2847 views)
Re: they cancelled my check... - Tammy Knight/MO
8/27/2006 1:46:55 AM (2722 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/27/2006 6:01:33 AM (2809 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 (2830 views)
Re: they cancelled my check... - Tammy Knight/MO
8/28/2006 1:03:11 AM (2983 views)
Re: they cancelled my check... - George Booth/TX
8/28/2006 11:30:47 AM (2744 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 4:44:32 AM (2661 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 5:04:25 AM (2665 views)
Re: they cancelled my check... - David Bloys/TX
8/25/2006 11:06:49 AM (2693 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 6:52:56 PM (2704 views)
Re: they cancelled my check...Got an idea - Loretta Reed/MD
8/27/2006 6:38:02 PM (2801 views)
Re: they cancelled my check...Got an idea - Wendi See/SC
8/27/2006 8:25:29 PM (2669 views)
Re: they cancelled my check... - Tammy Knight/MO
8/30/2006 6:20:39 PM (2593 views)
Re: they cancelled my check... - Sandra Morton/KS
8/28/2006 1:25:36 PM (2788 views)
Re: they cancelled my check...they may be in more trouble... - Loretta Reed/MD
8/29/2006 9:57:49 AM (2792 views)
Re: they cancelled my check...they may be in more trouble... - Kevin Ahern/CT
8/29/2006 10:14:08 AM (2877 views)
Re: they cancelled my check... - JOSEPH MARTINEZ/NM
8/30/2006 4:29:39 PM (2804 views)
Re: they cancelled my check... - Loretta Reed/MD
8/30/2006 10:08:34 PM (2647 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
8/31/2006 10:10:40 PM (2606 views)
Re: they cancelled my check...UPDATE - Jay Duncan/MO
8/31/2006 11:14:36 PM (2511 views)
Re: they cancelled my check...UPDATE - Robert Franco/OH
9/1/2006 1:28:20 AM (2705 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
9/1/2006 7:50:56 AM (2492 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 11:16:52 AM (2443 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
9/1/2006 3:08:16 PM (2617 views)
Re: they cancelled my check...UPDATE - Robert Franco/OH
9/1/2006 3:21:06 PM (2596 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 3:58:13 PM (2454 views)
Re: they cancelled my check...UPDATE - Jay Duncan/MO
9/1/2006 4:27:52 PM (2436 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 4:45:59 PM (2405 views)

[+] Same Scam - Different Approach - Jay Duncan/MO (3 replies)
8/23/2006 8:15:09 AM (3982 views)

[+] Info on TitleSearch USA INC? - Corey McClelland/MI (8 replies)
8/20/2006 10:09:11 PM (3546 views)

[+] Abstractor Tools - Angelica Schneider/IN (1 reply)
8/19/2006 5:58:59 PM (2802 views)

Anyone interested in Riverside County CA Commercial Searches? - L ROLAND/CA
8/18/2006 6:59:48 PM (2345 views)


Real Title Services


[+] New Management at US Title Search, Inc. - New Management at US Title Search, Inc./NJ (3 replies)
8/18/2006 2:28:08 PM (3054 views)

[+] NALTEA Conference 2007 - Wanda Steudel/OH (3 replies)
8/18/2006 10:21:44 AM (4064 views)

[+] Deed forgery article - Dave Pell/GA (2 replies)
8/18/2006 9:21:26 AM (2782 views)

[+] REM vs. Personam Judgments - Erik Bolme/KY (3 replies)
8/17/2006 9:42:18 PM (2840 views)

[+] 424 - J Nisonger/CA (13 replies)
8/16/2006 8:41:53 PM (2653 views)

Info on J.M.R. Retrieval - Brad McCollom/IN
8/16/2006 6:28:28 PM (2223 views)

[+] State Website exposes 220,000 Social Security numbers - David Bloys/TX (13 replies)
8/15/2006 8:48:50 PM (3854 views)

[+] US TITLE SEARCH, INC - Angelica Schneider/IN (14 replies)
8/11/2006 8:17:39 PM (3114 views)

[+] Courthouse Connections mia? - Sheila Arndt/MO (7 replies)
8/11/2006 5:39:32 PM (2857 views)

[+] Missed Open Mortgages! - Nathan Miller/KY (78 replies)
8/11/2006 4:56:23 PM (2990 views)


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