Wednesday, January 15, 2014

3d DCA Watch -- Anyone Remember Jeff Greene?



Hi kids, let's go through the wormhole all the way back to 2010, when Ke$ha rocked the charts, Toy Story 3 made a gazillion dollars, and New Moon was the most popular book in America.

Wow, was 2010 that crappy?

Oh, I should also add that in 2010 this rich guy Jeff Greene ran in Florida as a Democratic candidate for the U.S. Senate.

But then a few bad articles about him came out right before the primary, and the Dems wound up running [insert name here] and RICK SCOTT MARCO RUBIO HAPPENED!

So Greene sued for libel yada yada, got his complaint dismissed by Judge Manno Schurr and Sandy Bohrer took yet another scalp for the Miami Herald.

But suddenly, out of the concrete bunker wafted up this stunning written utterance, reanimating this long-dead suit:


We do not reach the appellees’ assertion that certain other statements in the articles may be non-actionable because they are accurately-reported statements of pure opinion by non-parties and are based on facts disclosed in the article. The actionable and provable false and defamatory statements, if any, will winnow out via pretrial discovery and motions for summary judgment. We express no opinion regarding the accuracy of Greene’s allegations and his ability to prove them. We simply hold that, at the preliminary point of assessing the legal sufficiency of the complaint and attachments, Greene has adequately detailed a cause of action for libel as to each article and each defendant.
I love the three precatory statements before the conclusion -- we're not saying the suit has any merit!! -- got it, your honor, we're at the motion to dismiss stage.

Congrats to Stan Wakshlag!

3 comments:

Anonymous said...

Good post where they gave you nothing this week

Bill said...

Oy!

http://randompixels.blogspot.com/2010/08/dirty-politics.html

South Florida Lawyers said...

I'm inclined to agree -- you go with mustard, not mayo, at a deli. That's why when you ask for mayo they have to go to the back and retrieve it from a quarantined area in small sealed containers.