Latest development in Shanus v. REA

[Peter_Spaeth]

Todd, you have accurately characterized the libel claim according to my reading of the counterclaim, but my additional point is that in light of this information which is not mentioned in the counterclaim, Corey's view that the 2010 price was low in comparison to past sales appears to be true even without a comparison to the allegedly shilled auction.

[WhenItWasAHobby]

Todd,

I too agree with your analysis. I was and still am hesitant to discuss REA's allegations about Corey's bidding activities since there are possible scenarios regarding agency and legitimate private sales that would make Corey an innocent party in all of this.

On a totally different aspect of this case, I've never sued someone for libel, but I'm well aware of someone who attempted to sue for libel and business disparagement. That person found out the hardest way imaginable that his life and his business suddenly went under the microscope and any "questionable" business activity, any incriminating written statements, business records, and any objectionable personal behavior suddenly became fair game for the court. Not only did this person not prevail, but fought furiously not let his case get to trial once a myriad of things were brought to light. Even with the case dismissed there is now a lot of very embarrassing and incriminating admissions and evidence are now a matter of public record. It could be very interesting how this all plays out. The old adage, "be careful what you ask for", may have never rang truer.

[nolemmings]

Dan you are right about the consequences of suing for libel/slander (i.e. defamation), and much of that applies to other legal theories where damages are alleged to be a decrease in business revenue. This is why I have said in other threads where defamation is threatened that it likely will never proceed--in Arizona at least it would be one of the hardest, most expensive, most potentially embarrassing actions to pursue. Also remember that at least in personal defamation cases truth is an absolute defense, and discovery will lead to a defendant pretty much looking under every rock--talking to all your associates, friends etc to show that what they are alleged to have said or written is in fact true. Add to that certain privileges or immunities that may apply in some scenarios, and you can see that bringing such an action is no walk in the park. Having said all that, I make no comment on New York and New Jersey trade libel or the specifics of what is in issue between Corey and REA.

[Peter_Spaeth]

Originally Posted by WhenItWasAHobby

Even with the case dismissed there is now a lot of very embarrassing and incriminating admissions and evidence are now a matter of public record.

He couldn't just take a scissors to the record?