In partnership with CBSSports.com
Online Now 2242
On this Board 1663Record: 6133 (1/15/2013)
Online now 2234Record: 9097 (3/2/2012)
The No. 1 'Bama fan community on the Internet
BOL message board for off-topic posts
Buy, sell or swap tickets
You have no favorite boards.
Anyone know if JLee is on the ropes for defamation in this case? I know there is freedom of the press, but seems like he was VERY careless with this information, and this could have a negative impact on both Winston and Woodruff.
"Touch that thang four" - Courtney Upshaw
I am not a geek, but I am on this board and a lawyer. The elements for a proving a defamation claim are the following: (1) defamatory remarks (words that adversely affect one's reputation), (2) statement of fact as opposed to opinion, (3) of and concerning the plaintiff, and (4) publication.
At least the Woodward guy seems to have a cause of action on its face. The trouble is proving damages. There are two types of defamation: (1) Libel or written defamation and (2) Slander or spoken (not written) defamation. If the defamation is libel, then the jury can presume that the plaintiff suffered damages, and damages become much easier to prove. If the defamation is slander, then the plaintiff must put on special proof of his damages. From what I understand, JLee never wrote and published his comments. He only said them on the radio, although I could be wrong about that.
At this point, I am not quite sure what his damages are. So, even if there is a defamation action, he must prove the damages that he suffered as a result. What is it? An egged car and a broken mailbox?
Bottom line, defamation occurs all the time, but rarely does anyone suffer such great damages to justify a court action.
"We're modern-day gladiators, and that mental toughness is really important to have in a good team." Nick Saban
I understand that some of them were in writing. Woodruff's lawyer needs to demand a retraction immediately.
Plus if it's libel per se, damages are presumed and punitives are available. It's not a stretch; at least not too much of one to file a complaint.
Ronald Reagan: Man is not free unless government is limited.
247Sports In partnership with CBS Sports