A Lawyer's Take - Did Khabib Defame Conor?

Discussion in 'UFC Discussion' started by Negator402, Apr 3, 2019.

  1. Negator402

    Negator402 Yellow Card Yellow Card

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    Yes, this is another "Lawyer's Take" article, and I expect a certain dollop of hate. I am at peace with it.

    I believe that Khabib may have made a little boo-boo in his latest post showing a picture of the girl who claims Conor impregnated her, and saying Conor is a "rapist." Frankly, I bet Conor was goading him into it. Calling his wife a "towel" is clearly not a serious statement of fact. Calling him a rapist...yeah.

    I can only comment on New York causes of action for defamation (libel is written, slander is spoken). First, the statement has to be made as one of fact, not opinion. That, this was. Second, as a public person, Conor has to show maliciousness by proving it was false (rather than the defendant having the burden of proving the statement was true). Third, the woman in question could also have a cause of action: she was associated with being a victim of the alleged rape, which is patently false.

    It is also worth noting that a false allegation of rape is "defamation per se" as it fits within the categories for "pre se." This means Conor will not need to prove special damages.

    What stands in his way is that it is not clear where jurisdiction would lie. NY State Courts (especially NY/Manhattan County) hate defamation cases outside our immediate city because NYC is the media capital. Every post anywhere could arguably end up in Court here.

    Furthermore, would McGregor REALLY want to prove this wasn't true? Not sure that is the publicity he wants.

    If nothing else, this shows that Khabib likely wrote this post himself. Ali Abdelazziz is a pig and a scumbag, but he is a businessman with enough savvy, and enough legal counsel, to avoid such a foolish gaffe.
     
  2. chukutee

    chukutee Genetic Freak

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    lolwut
     
  3. Frank McEdgar

    Frank McEdgar =====(SHERDOG)=====

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  4. Mokiller

    Mokiller Banned Banned

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    Khabib is from Russia. Case closed :D

    #KHABIBBLESS
     
  5. Beylerbey

    Beylerbey Double Yellow Card Double Yellow Card

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    Why would the US have any jurisdiction whatsoever? Khabib is a Russian national, Conor is an Irish national, the woman who was raped is an Irish national. In all likeliness, Khabib posted the tweet from Dagestan. So no objective territorial jurisdiction, no subjective territorial jurisdiction. I'm not an expert on international law but it seems to be nothing.
     
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  6. cooks1

    cooks1 No matter where you go-there you are

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    Well, for defamation to be proven, the rape allegations would have to be proven completely false. And even a not guilty verdict in a courtroom would not necessarily meet that burden.

    Secondly, neither are US citizens. So a libel case would take place in an Irish court. And I am not even sure what legal sway it would have over Khabib. Good luck getting him there. And even if Conor won, an Irish verdict would be nothing like a US one.

    I don't see it going anywhere.
     
  7. BeerAndKush

    BeerAndKush #PaulieBless

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    Lawyer with a Yellow Card?

    #FakeNews
     
  8. Hauptstoss

    Hauptstoss teams n' shit

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    Don't know who this Ali guy is but making fun of religion is certainly not a 'no no'.
     
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  9. Foxflechette57

    Foxflechette57 Blue Belt

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    chances to go to any courts for that : 0%
     
  10. 2EZ

    2EZ Green Belt

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    lol stfu
     
  11. Thunderchild

    Thunderchild Platinum Nation Belt

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    Good luck serving a summons to a Russian national, to a U.S. court, on behalf of a citizen of Ireland... Do people even think anymore?
     
  12. Death By Samson

    Death By Samson Silver Belt

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    What court could prosecute him and have the ability to enforce a ruling?
     
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  13. Grapplefest

    Grapplefest Black Belt

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    Nobody cares. Stfu
     
  14. Verace

    Verace Gold Belt

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    100%

    Khabib opened himself up for a lawsuit his pockets cant afford

    Conor will end him in court. Conor financial fans, rejoice!

    :meow:
    <BronTroll1>
    <21>
     
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  15. Rex Kwon Do

    Rex Kwon Do ál-ḥámdúlílláh

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    Prove the photo was in related to the accusation of rape and not the accusation of hypocrisy. Khabib's lawyer could easily argue that there were separate statements in the tweet: (1) Conor is a rapist; and (2) Conor is a hypocrite. The photo was evidence of Conor's hypocrisy, and never at any time did Khabib imply the photo was related to the rape allegations. They were related to the hypocrisy. Conor is a hypocrite with regards to loyalty as evidenced by a photo of him with another woman.

    As a lawyer you should know there is no case here and even a journeyman lawyer would easily get this thrown out for the reasons above.
     
  16. maxi diablo

    maxi diablo Black Belt

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    You can sue for tweets? Damn, I better watch out what I post on Facebook then.
     
  17. Negator402

    Negator402 Yellow Card Yellow Card

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    I guess he isn't that smart!
     
  18. Negator402

    Negator402 Yellow Card Yellow Card

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    I honestly would have to look into it. If it was a newspaper in Russia, I suspect there is no case. But an American-based online platform? Defamation law might be as deeply impacted by technological change as any.
     
  19. Negator402

    Negator402 Yellow Card Yellow Card

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    Photo is not relevant. The phrase "X is a rapist" is defamatory. The photo adds additional confusion.
     
  20. Negator402

    Negator402 Yellow Card Yellow Card

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    Judgment, not prosecution. Thank G, defamation is a civil action here in the US.
     

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