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[+] Anyone Else... - Kevin Ahern/CT (2 replies)
9/2/2006 10:35:48 AM (3049 views)

IN MEMORY OF BOB O'CONNOR - Scott Perry/PA
9/2/2006 9:54:33 AM (2576 views)

[+] Accurate Abstracting in KY - Carla Curry/KY (8 replies)
8/30/2006 9:42:59 PM (3249 views)

[+] Naltea Members - Kurt deVries/FL (4 replies)
8/29/2006 3:45:49 PM (3033 views)

[+] Contemporary Realty - NON Payment - Joanie Hahr/VT (5 replies)
8/28/2006 12:43:56 PM (3285 views)




[+] Tax lien redemptions - Kevin Ahern/CT (17 replies)
8/28/2006 6:52:32 AM (3124 views)

[+] Help Request - Michael /KS (13 replies)
8/25/2006 6:07:19 PM (3265 views)

[+] ONE STOP - mason haas/NY (2 replies)
8/25/2006 3:26:05 PM (3173 views)

[+] Want to build a Network - Anna Cousins/CA (6 replies)
8/25/2006 2:43:06 AM (3045 views)

[+] How Criminals Use County Websites - David Bloys/TX (2 replies)
8/24/2006 4:27:29 PM (4084 views)

[-] they cancelled my check... - Loretta Reed/MD (46 replies)
8/24/2006 9:14:27 AM (3561 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/24/2006 9:55:44 AM (3773 views)
Re: they cancelled my check... - Robert Franco/OH
8/24/2006 11:05:06 AM (3665 views)
Re: they cancelled my check... - JOSEPH MARTINEZ/NM
8/30/2006 4:34:50 PM (3589 views)
Re: they cancelled my check... - Jay Duncan/MO
8/24/2006 2:06:14 PM (3551 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/24/2006 5:27:04 PM (3483 views)
Re: they cancelled my check... - Matt Papsch/MD
8/24/2006 4:21:35 PM (3451 views)
Re: they cancelled my check... - STEVE MEINECKE/VA
8/24/2006 5:42:57 PM (3507 views)
Re: they cancelled my check... - Barbara Bennett/IN
8/24/2006 6:00:11 PM (3594 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 8:37:53 PM (3628 views)
Re: they cancelled my check... - STEVE MEINECKE/VA
8/24/2006 9:47:56 PM (3745 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 10:12:28 PM (3700 views)
Re: they cancelled my check... - Angelica Schneider/IN
8/24/2006 10:17:05 PM (3576 views)
Re: they cancelled my check... - Loretta Reed/MD
8/24/2006 11:03:59 PM (3567 views)
Re: they cancelled my check... - monica froese/ME
8/24/2006 11:34:27 PM (3519 views)
Re: they cancelled my check... - Tammy Knight/MO
8/25/2006 4:29:47 AM (3691 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 4:48:44 AM (3543 views)
Re: they cancelled my check... - Wendi See/SC
8/26/2006 2:14:18 PM (3842 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/26/2006 7:28:52 PM (3658 views)
Re: they cancelled my check... - Wendi See/SC
8/26/2006 8:22:28 PM (3696 views)
Re: they cancelled my check... - Tammy Knight/MO
8/27/2006 1:46:55 AM (3549 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/27/2006 6:01:33 AM (3601 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 (3640 views)
Re: they cancelled my check... - Tammy Knight/MO
8/28/2006 1:03:11 AM (3850 views)
Re: they cancelled my check... - George Booth/TX
8/28/2006 11:30:47 AM (3544 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 4:44:32 AM (3530 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 5:04:25 AM (3474 views)
Re: they cancelled my check... - David Bloys/TX
8/25/2006 11:06:49 AM (3520 views)
Re: they cancelled my check... - Kevin Ahern/CT
8/25/2006 6:52:56 PM (3556 views)
Re: they cancelled my check...Got an idea - Loretta Reed/MD
8/27/2006 6:38:02 PM (3630 views)
Re: they cancelled my check...Got an idea - Wendi See/SC
8/27/2006 8:25:29 PM (3487 views)
Re: they cancelled my check... - Tammy Knight/MO
8/30/2006 6:20:39 PM (3374 views)
Re: they cancelled my check... - Sandra Morton/KS
8/28/2006 1:25:36 PM (3588 views)
Re: they cancelled my check...they may be in more trouble... - Loretta Reed/MD
8/29/2006 9:57:49 AM (3618 views)
Re: they cancelled my check...they may be in more trouble... - Kevin Ahern/CT
8/29/2006 10:14:08 AM (3691 views)
Re: they cancelled my check... - JOSEPH MARTINEZ/NM
8/30/2006 4:29:39 PM (3601 views)
Re: they cancelled my check... - Loretta Reed/MD
8/30/2006 10:08:34 PM (3467 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
8/31/2006 10:10:40 PM (3446 views)
Re: they cancelled my check...UPDATE - Jay Duncan/MO
8/31/2006 11:14:36 PM (3315 views)
Re: they cancelled my check...UPDATE - Robert Franco/OH
9/1/2006 1:28:20 AM (3551 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
9/1/2006 7:50:56 AM (3286 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 11:16:52 AM (3241 views)
Re: they cancelled my check...UPDATE - Loretta Reed/MD
9/1/2006 3:08:16 PM (3449 views)
Re: they cancelled my check...UPDATE - Robert Franco/OH
9/1/2006 3:21:06 PM (3408 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 3:58:13 PM (3316 views)
Re: they cancelled my check...UPDATE - Jay Duncan/MO
9/1/2006 4:27:52 PM (3271 views)
Re: they cancelled my check...UPDATE - Kevin Ahern/CT
9/1/2006 4:45:59 PM (3217 views)

[+] Same Scam - Different Approach - Jay Duncan/MO (3 replies)
8/23/2006 8:15:09 AM (4302 views)

[+] Info on TitleSearch USA INC? - Corey McClelland/MI (8 replies)
8/20/2006 10:09:11 PM (3942 views)

[+] Abstractor Tools - Angelica Schneider/IN (1 reply)
8/19/2006 5:58:59 PM (3026 views)

Anyone interested in Riverside County CA Commercial Searches? - L ROLAND/CA
8/18/2006 6:59:48 PM (2517 views)


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