MrV
MrV
Joined: Feb 13, 2010
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November 12th, 2013 at 9:08:09 AM permalink
Quote: AlanMendelson

Mr V I am afraid you missed what that case was about. The party who was sued did not believe he had to respond to the suit because it was filed in another state. The merits of the case were not discussed in the appeals process, but the ruling said that the case was still valid.



I understand perfectly what happened, Alan.

Litigation, like love, will chart its own course.

I assume your attorney has assured you that the claim that you allegedly have a "gambling problem" is in fact actionable in tort?

You might want him / her to research and see how comparable insults / claims have fared.

Without more, I would not recommend suing.
"What, me worry?"
Beethoven9th
Beethoven9th
Joined: Jul 30, 2012
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November 12th, 2013 at 9:20:37 AM permalink
Quote: AlanMendelson

Here is my candid, quick cost/benefit analysis: Gaming Today will never print what Rob Singer says he intends to write. But if they do print it, we're ready.


Alan, just out of curiosity, how often do minor celebrities like yourself have to deal with garbage like this? We all know that major celebrities like Steven Spielberg & David Letterman are big targets and have to be on the lookout, but I've always been curious about the smaller celebrities out there.

I've been under the impression that unfortunate incidents like this are rare, but since you're well-known in one of the biggest media markets in the country, I figure you'd have much better insight than myself. (And, of course, if you'd rather not answer, that's cool. I was just kinda curious about the 'price' of celebrity status.)

Thanks in advance.
Fighting BS one post at a time!
chickenman
chickenman
Joined: Nov 1, 2009
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November 12th, 2013 at 9:53:33 AM permalink
Quote: AlanMendelson

Quantity does not equal quality.



+1

And that seems to be the common denominator of most "top posters"
AlanMendelson
AlanMendelson
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November 12th, 2013 at 10:32:33 AM permalink
His statement was that I am a gambling addict and addicted. These are damaging words. Would I ask for compensation? No. My action would be to have a retraction and correction made in any media publishing his allegation.

Rob has posted on my website that Gaming Today has cleared him to write two articles and Rob says he intends to criticize various people in those articles including the Wizard as well as other well known authors and even some anonymous forum posters. You can read Rob's posts here:

http://forum.alanbestbuys.com/showthread.php?1613-Documenting-History&highlight=gaming+today

In subsequent posts, and in different threads, Rob has made allegations that I am an addict and addicted.

As I posted before: this is not the same as a TV gossip magazine reporting that a celebrity was in rehab. That is not libel. That is reporting fact and is fair game. But he has made an allegation that I am an "addict" and I am "addicted" and there is no proof or evidence of that except for his personal accusation. I have never been advised of excessive gambling, I have never sought treatment or been treated, I have never been reported for any kind of addictive behavior. I certainly have no problems with casinos for outstanding debts or unpaid markers.

What we have is Rob Singer making an allegation just as he has made comments in poor taste about deceased players eating dirt, and players causing their spouses to become ill by being in casinos, or alleging that certain gaming authors are also addicts and/or shills for casinos and/or divorced their wives because of their need to gamble.

Rob Singer has made these allegations on Internet forums where he frankly has gotten away with it. But he says he has been offered the opportunity to write about this in Gaming Today and if Gaming Today permits him to make these same charges I will not let them stand.

The only other time I had to have an attorney bring or threaten a libel action was when I had a contact dispute with KCAL about 12 years ago. I was off the air for a period of one week because of a contact dispute involving a website that I owned at the time. The author of a TV gossip website wrote that I was suspended for having an affair with an intern. This was absolutely false. KCAL refused to comment because it is their policy not to comment. I told the author it was a contract dispute and he still refused to retract the story. What was even more damning for this author was that his wife worked at KCAL and managers were dropping "hints" that I was off the air only because of a contract dispute. Still, the author would not retract his story. So, my attorney wrote him a letter saying we would sue him. Only then did he issue a retraction. And a week later the contract dispute was resolved and I was back on the air. By the way, I was not suspended -- I still collected my full pay and benefits -- but I was off the air only because I was meeting with the CBS attorneys, my own attorney and AFTRA union officials to resolve the issue.
MathExtremist
MathExtremist
Joined: Aug 31, 2010
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November 12th, 2013 at 11:11:19 AM permalink
Quote: AlanMendelson

His statement was that I am a gambling addict and addicted. These are damaging words.


Why?

I don't mean "because it makes you mad" but what are your actual damages? Have you lost business, income, stature? Are you sure this would be worth your time?

Quote: George Bernard Shaw

I learned long ago, never to wrestle with a pig. You get dirty, and besides, the pig likes it.

"In my own case, when it seemed to me after a long illness that death was close at hand, I found no little solace in playing constantly at dice." -- Girolamo Cardano, 1563
AlanMendelson
AlanMendelson
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November 12th, 2013 at 11:21:57 AM permalink
Quote: MathExtremist

Why?

I don't mean "because it makes you mad" but what are your actual damages? Have you lost business, income, stature? Are you sure this would be worth your time?



My business is worth several million dollars a year. My reputation is priceless.
petroglyph
petroglyph
Joined: Jan 3, 2013
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November 12th, 2013 at 11:28:27 AM permalink
Sounds more like he's trying to shake you down to me.


I was wronged by a whacko in a similar manner but much more offensive. [in my opinion]

As I am not a public figure my attorney advised me that I would have to prove economic harm. And somehow be able to justify a number if I wanted to recover damages.

His counsel to me was that my opponent's right to free speech equaled my right to not be defamed? It would also take two years to get to court.

Being fairly new here I don't know who Rob is but I would think the magazine that he's claiming would print his dialogue about you would at least give you the opportunity for a comment. I find it hard to believe they would be willing to endanger they're reputation on some opinion of a "whack job" who has been kicked off so many chat boards and who appears to have some mental issues.

And lastly, are these publications going to let some internet personality make assertions about medical conditions? I don't think so. It does not appear to me that this person understands addiction. He may have briefly attended some 12 step program but got hung up at the 1st step and didn't make it to the 4th?

In your case, keep having fun and find some kind of weirdo armor?
AlanMendelson
AlanMendelson
Joined: Oct 5, 2011
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November 12th, 2013 at 11:35:20 AM permalink
petroglyph... I also doubt it will ever make it into Gaming Today. I'm just prepared in case it does.
MathExtremist
MathExtremist
Joined: Aug 31, 2010
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November 12th, 2013 at 11:36:02 AM permalink
Quote: AlanMendelson

My business is worth several million dollars a year. My reputation is priceless.


That wasn't the question. The question is whether that reputation or business are damaged in any way by someone on the Internet flaming you.

Or maybe it isn't -- I'm not an attorney so I'm just assuming that you need to prove damages. If someone were to publish an article that said "Alan Mendelson gave my brother leprosy and then killed him with an axe" -- two obviously false statements that each rise to the level of defamation per se -- wouldn't you need to demonstrate that your business or reputation suffered as a result in order to recover anything? Anyone here familiar with defamation law in the US?
"In my own case, when it seemed to me after a long illness that death was close at hand, I found no little solace in playing constantly at dice." -- Girolamo Cardano, 1563
teddys
teddys
Joined: Nov 14, 2009
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November 12th, 2013 at 12:25:49 PM permalink
Quote: MathExtremist

That wasn't the question. The question is whether that reputation or business are damaged in any way by someone on the Internet flaming you.

Or maybe it isn't -- I'm not an attorney so I'm just assuming that you need to prove damages. If someone were to publish an article that said "Alan Mendelson gave my brother leprosy and then killed him with an axe" -- two obviously false statements that each rise to the level of defamation per se -- wouldn't you need to demonstrate that your business or reputation suffered as a result in order to recover anything? Anyone here familiar with defamation law in the US?

I'd agree with Mr. V (who is a lawyer). Defamation law in the U.S. is not very plaintiff-friendly and is hairy to say the least. Mr. V referenced New York Times v. Sullivan which set a very high standard for plaintiffs, especially if the plaintiff is a "public figure." (Alan would probably be considered a public figure since he is on T.V.). The question of damages is how much your reputation, business, etc. suffered as a result of the libel. There also may be punitive damages if you can show it was wanton and malicious. Again, both of these damages are very hard to prove to the finder-of-fact (judge or jury).

You'd have to research the defamation law in every state where you plan to file suit as defamation is state law. For example, do you sue Singer in Nevada (his residence now I think), or Gaming Today in whatever state their office is in? Or do you sue them in Federal Court since the magazine is distributed everywhere?

Again, too much trouble and you could end up being awarded nominal damages of $1 and be on the hook for tens of thousands in legal fees. I would just challenge Singer to a duel :)
"Dice, verily, are armed with goads and driving-hooks, deceiving and tormenting, causing grievous woe." -Rig Veda 10.34.4

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