A Lawyer's Take - Did Khabib Defame Conor?

Lol what are you lawyer of? My ass?
 
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.

chukutee said:
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.
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This is not an open and shut case. Public figures lose defamation suits in America all the time too.
 
Negator402 said:
You 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.
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U mean i am not stupid enough to believe everything i read on the internet
 
@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?
 
cooks1 said:
This is not correct. Even in libel, the defendant does not have to prove the statement is true. The plantiff must prove it false.
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.... and that it caused damages that need to be recovered
 
Conor would become the ultimate pussy if he sued Khabib over this
 
vengeful said:
@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?
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Refer back to the basic elements of defamation:
1. False statement of fact
2. Publication to third party
3. Fault
4. Damages

Defamation per se concerns damages. Without defamation per se, you must prove that your reputation suffered, and you lost money as a result of it. Defamation per se usually involves a false allegation of criminal wrongdoing. There is very short list of things that qualify as defamation per se (allegations of infidelity, or having an STD, for example).

Actual Malice, aka “New York Times Malice” refers to the level of fault required for a public figure to sue for defamation. It requires knowledge of or reckless disregard for a statement’s falsity. Of course the statement must be actually false to be actionable. Merely proving something is false not enough. However, liability may be imposed for negligent defamation of private plaintiffs.

I haven’t read this person’s posts yet. I’ll check them out.
 
Negator402 said:
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.
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If there’s a pending rape investigation (I’m under the impression that there is, correct me if I’m wrong), then it would pretty much be impossible for a public figure like Conor prove fault. In fact, even if Conor were a private person, it would pretty much be impossible without the police department or prosecutor publicly exonerating him. IMO Conor would have to be stupid to sue for defamation. I’m sure some lawyer out there would do it, but I see it getting dismissed early.

As for the alleged “victim,” I doubt being falsely labeled the victim of a crime qualifies as defamatory. There may be a state court out there which has held otherwise, but I doubt it.

But yeah if Khabib just outright called Conor a rapist without a scintilla of evidence, I suppose it could be actionable. I doubt Conor wants to be deposed on the subject of his sex life though.
 
TS is the same racist 'lawyer' who made a thread on the guy who was attacked by Conor lol.
 
Negator402 said:
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.
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==If you were a real lawyer you would know that Defamation is almost impossible in US Courts.

==If you were a lawyer you would know that as a Russian Citizen, there is little that can be done to Khabib other than bar him from the US and EU countries. His money is in Russian institutions. His property is in Russia. He owns literally nothing in America or Europe.

==If you were a lawyer you would know that Blasphemy laws are real in Russia. Conor could be denied a Visa if he ever wanted to go to Russia or many other countries. If he was a Russian citizen a criminal case would be opened over that one tweet.
 
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.
 
vengeful said:
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.
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There is a reason papers are pain-stakingly calling every accused "allegedly" xyz.
 
Negator402 said:
How is your ban going?

And my school was top tier, not gonna tell you which buuuuuut believe what you wish.
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Yup better not say which one! Might get doxxed... lol pathetic. Every tier 3/4 bum says the same thing
 
RxmDiaries said:
Yup better not say which one! Might get doxxed... lol pathetic. Every tier 3/4 bum says the same thing
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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?
 
prove you're a lawyer

neither guy is a US citizen. our laws don't apply to them. you really think ireland is going to extradite khabib for some tweets?
 
updowniri said:
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.
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No point in the entire post. If guy was a real lawyer he would know that you sue to get money. Khabib has nothing in the USA or EU that Conor could get. He has no business interests. He has no property. Probably a crappy bank account.

If you are hanging around Putin, Kadyrov, the Russian FSB, etc. you sure as hell had better not keep your money where the NATO countries can snatch it.
 
Khabib and Conor ain't suing nobody...
 
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