This is not an open and shut case. Public figures lose defamation suits in America all the time too.The burden of proof is higher but this is still an open and shut case. Public figures successfully in America sue for libel all the time.
U mean i am not stupid enough to believe everything i read on the internetYou should probably learn to capitalize your words before you throw them around.
Like I said, you dont have to believe I am a lawyer, largely because you are not important enough to me to make proving it worth my while. Believe what you want bro.
This is not correct. Even in libel, the defendant does not have to prove the statement is true. The plantiff must prove it false.
Lol what are you lawyer of? My ass?
@JamesRussler Looking at this lawyer's take on Defamation and Defamation per Se and comparing it to yours when you did your analysis on Wanderlei being sued by the UFC for claiming the UFC fixed fights.....I'm saying this guy isn't a lawyer.
Claiming that Proving a statement false proves Malice just seems so incorrect....seems like malice would require that the statement be proven false and the defendant knew it was false at the time he made the statement.
What's your take?
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.
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.
How is your ban going?Tier 4 law schools dont count
There is a reason papers are pain-stakingly calling every accused "allegedly" xyz.I dont see this as a defamation case because calling Conor a rapist when the NYT has already reported that Conor has been a rape suspect and that the woman named him as her rapist. Khabib would basically have to know that this woman's statements were false, for it to satisfy the whole reckless disregard for the truth/actual malice protocol for defamation.
This is not an open and shut case. Public figures lose defamation suits in America all the time too.
How is your ban going?
And my school was top tier, not gonna tell you which buuuuuut believe what you wish.
But here is the thing: let's say I am right, and telling the truth. What do I have to gain by saying where I went? Your respect? You are nobody to me, I couldn't care less if you make millions today or drop dead tomorrow. All the same to me. So what is my upside?Yup better not say which one! Might get doxxed... lol pathetic. Every tier 3/4 bum says the same thing
Despite the fact that Khabib is Russian and Conor is Irish, America has the laxest free speech laws in the world. Libel and Slander don’t really apply to public figures under our laws. You would have to accuse a random unknown person of a horrid crime and then activly try to convince other people this was true to get prosecuted. And thats a maybe.