from the maybe-you’d-have-better-legal-luck-if-you-understood-the-law dept

Plenty of individuals have really strange ideas about what defamation entails. Far too many individuals consider defamation happens anytime their feelings are hurt or they aren’t portrayed in the best light possible.

These individuals are fallacious. Usually, these in fallacious select to characterize themselves after they need to be out-tilted by windmills. Generally, they keep attorneys, which makes these silly lawsuits twice as stupid, as one would count on a legislation faculty graduate to acknowledge the folly of those for-hire pursuits and select to not have interaction in them.

This is without doubt one of the latter. John D. Thomas is aggrieved. In 2016, he was on the receiving finish of a court docket resolution that noticed him sanctioned for abusing the authorized course of throughout a courtroom battle over alleged fraud. Right here’s the related a part of California Appeals Courtroom resolution, as posted by legal doc compiler, Leagle.

John David Thomas and 184 Diamond, LLC (defendants), enchantment from a default judgment entered after the trial court docket imposed terminating sanctions in opposition to Thomas for misuse of the invention course of. Following a default prove-up listening to, the court docket awarded plaintiff Farah Modarres a complete of $217,000 in compensatory damages in opposition to defendants and $1 million in punitive damages in opposition to Thomas solely. Defendants argue the trial court docket abused its discretion by imposing terminating sanctions in opposition to Thomas as a result of a lesser sanction would have been ample. In addition they problem the punitive damages award in opposition to Thomas on the grounds Modarres offered inadequate proof of Thomas’s web price at trial, the punitive damages award was unconstitutionally extreme in quantity, and the award erroneously excluded 184 Diamond, LLC, which was in any other case collectively and severally liable with Thomas for compensatory damages.

We conclude the trial court docket didn’t abuse its discretion by imposing terminating sanctions in opposition to Thomas for his misuse of the invention course of.

That wasn’t the top of John Thomas’ story, nevertheless. As the Volokh Conspiracy notes, Thomas managed to settle his method out of this predicament.

[O]n remand, the case settled (in line with a later appellate resolution, “Modarres and Thomas settled the lawsuit with out involving the legislation agency [that had represented Modarres], allegedly depriving the legislation agency of its charges”).

Nonetheless, Leagle didn’t publish paperwork about this settlement, which arrived more than six years after the original decision. Thomas seems to consider Leagle is obligated to publish any and all court docket paperwork associated to him and this case. That’s the gist of his particularly silly libel lawsuit [PDF] in opposition to Leagle, which hilariously claims a failure to report barely higher information about Thomas and his authorized issues is a legit explanation for motion.

Defendants preserve an web web site that purports to supply details about authorized instances. Defendants revealed and proceed to publish data relating to a authorized case in opposition to plaintiff which left the misunderstanding that judgment was in impact in opposition to him, together with for fraud, when the truth is the case was dismissed. Despite amicable demand, defendant failed and resumed to take away or right the data, inflicting injury to plaintiff’s fame and enterprise pursuits.

First, websites are underneath no authorized obligation to carry out followup reporting on authorized instances. That tends to suck for individuals accused of crimes however are by no means charged or convicted. And it clearly sucks for Thomas, whose self-importance searches apparently deliver up Leagle’s posting (verbatim and unaltered) of a authorized resolution involving Thomas.

I assume his lawyer, David Epstein, meant to jot down “refused,” quite than “resumed.” Because the criticism stands now, it gives the look Leagle cooperated with Thomas’ requests and he’s simply suing as a result of he’s nonetheless indignant in regards to the preliminary publish. However that’s not the one essential error within the opening paragraphs of this lawsuit.

Defendants revealed and proceed to publish a report on a lawsuit whose brief title is Modarres v. Thomas, whose trial court docket case quantity was 07CC03908, and whose appellate quantity was G048684/G050017. A real copy of this report as posted on February 1, 2023 at www.leagle.com/resolution/incaco20150413036., is hooked up as Exhibit 1 and included on this paragraph by reference as if it was set forth in full. Amongst different issues, the matter revealed states that plaintiff Thomas was adjudged responsible of civil fraud within the lawsuit and implies that this discovering was last and in impact.

Properly… Exhibit 1 is simply white house.

And the “included report” isn’t really included. The hyperlink offered by Thomas’ lawyer links to an entirely different Leagle post that doesn’t contain Thomas in any method. That’s not a deadly error (the lawsuit’s lack of ability to know the complexities simplicities of defamation legislation is the actual killer right here) nevertheless it certain appears to be like sloppy.

In keeping with Thomas (and his lawyer), Leagle’s failure to take away the unique resolution or publish details about the settlement Thomas agreed to is defamatory. And that defamation by omission (I suppose…) is making it harder for Thomas to seek out work in the actual property improvement discipline.

All of which may be true nevertheless it nonetheless isn’t defamation. And this is not sensible in any respect.

By cause of this publication, Leagle falsely implied that Thomas had been lastly adjudged responsible of civil fraud, and was held for punitive damages.

An unaltered authorized resolution posted verbatim is incapable of “falsely implying” something. Leagle, by posting it on this style, is incapable of “falsely implying” something. That Thomas’ request to have his settlement posted on Leagle’s web site went rebuffed means nothing. The unique resolution might not be in impact as a result of settlement between Thomas and his authorized adversaries, however that isn’t defamation. It’s simply the info, even when these info have since been outdated.

This case isn’t going to go anyplace. Every little thing about it’s fallacious, even when bearing in mind the truth that Thomas is probably going not a public determine, which lowers the bar for defamation claims. And, as Eugene Volokh points out in his post, it seems Leagle is not a viable entity. If that’s the case, it could make it simpler for Thomas to acquire a default judgment, however Thomas shouldn’t be given a win simply because the opposite staff failed to indicate up. It’s a nasty lawsuit with zero authorized foundation and ought to be dismissed with prejudice by the primary choose that lays their eyes on it.

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