Florio: Herald likely bracing itself for a defamation lawsuit

[BPF]

Article was about Asante but do you think Florio knows something here??

http://beta.profootballtalk.com/2008/02/17/where-will-asante-land/

The Boston Herald, which likely has been bracing itself for a defamation lawsuit in the wake of its February 2 report that the Patriots taped the Rams' final-walkthrough practice prior to Super Bowl XXXVI, is stirring up the New England hornets' nest again by taking a stab at where Pats cornerback Asante Samuel might land in free agency.

 

[CrazyDave]

Re: Florio: Herald, likely bracing itself for a defamation lawsuit

Off With Their Heads!!!

 

[WTE]

Re: Florio: Herald, likely bracing itself for a defamation lawsuit

I believe the Herald article has been archived but I never recall Tomase using the word "alledgedly" in this trash piece. I believe he only used the words "reporting," as if it were true.

I hope Kraft's attorney's are looking into a libel suit. Time to go on the offensive.

 

[#12]

Re: Florio: Herald, likely bracing itself for a defamation lawsuit

I really hope this is true, but with Florio you never know.

If this is really in the works than you can see how strongly the Pats feel about Walsh's evidence and all this other BS that been sprouting off. Time to defend the dynasty... take the herald out like the piece of trash it is.

 

[blackglass3]

Re: Florio: Herald, likely bracing itself for a defamation lawsuit

I know Florio can throw some bullsh!t out there (RANDY MOSS SUPRISE CUT?), but didn't he say something back in September about a "bombshell" about to be revealed regarding SB XXXVI? This guy gets some solid info, and he is probably right about the lawsuit.

Hell, if a World Class Safety can file one, the New Ngland Patriots can, too.

 

[pats1]

I know the way Florio writes, and it appears to me this is just his intuition, and not an actual nugget from a source.

 

[JoePats]

Don't you need to prove intent to defame? How would the Pats do that?

 

[PatsFanJess]

Not quite sure why people think they should spend so much money on corners. God knows I love Asante, and I'm thankful for all he's contributed to NE, BUT it makes me a little sick that clubs are willing to give corners $80mil+ deals. IMHO, I just think thats completely insane. Im not trying to say that corners arent important, of course thats not true, just unsure why ppl are throwing such massive amounts of money at them. It's stupid. I see Asante going to Atlanta, if he leaves NE...it just makes the most sense to me. Esp. since they let Hall go.

 

[WTE]

Don't you need to prove intent to defame? How would the Pats do that?

I think they just need to prove that Tomase's piece was done with reckless disregard of the facts along with reckless disregard of whether his accusations were false.

Since he only had one source and never attempted to acquire a second or third I believe there would be a case for defamation.

 

[#12]

This would not be the first time (if it were to happen) that the Herald has been sued for defamation...
http://boston.bizjournals.com/boston/stories/2002/06/17/newscolumn4.html

Hmm why does this sound familiar?

Last week, Murphy filed a defamation and libel suit against the Boston Herald Inc. and four reporters in Suffolk Superior Court. His demands include damages to be determined by a jury, a front-page retraction and compensation for attorney fees for the "irresponsible and reckless publication of fabricated statements falsely attributed to him," in several Herald stories published in February.

According to the court papers, Murphy received hate mail and death threats and became publicly known and referred to as "Evil Ernie," due to Herald reports based on unnamed sources.

Murphy's suit claimed the Herald reporters never spoke with anyone present, including himself, attorneys for clients, his law clerks or probation officers.

The complaint also slung a bit of mud at the Herald with such statements as, "In recent years, the Herald has resorted to sensationalist reporting, specializing in front-page stories which utilize large color photographs in combination with short, derogatory headlines."

Even more interesting is the verdict...
http://randazza.wordpress.com/2007/05/27/massachusetts-libel-case-murphy-v-boston-herald/

In that case, the Massachusetts Supreme Court upheld a $2.1 million jury verdict against the Boston Herald for reckless reporting of a judge’s demeanor and handling of several cases.

The jury found that Judge Murphy not only never said those words, but that he had likely said something completely contrary — that Judge Murphy actually said that the rape victim should be in counseling to help her cope with the crime, and that she needed help to “put the matter behind her and get on with her life.”

That’s a far cry from what the Herald reported, but it is what the Supreme Judicial Court believed that prosecutor David Crowley said.

http://www.masslaw.com/signup/opinion.cfm?page=ma/opin/sup/1008307.htm

“The press… is not free to publish false information about anyone (even a judge whose sentencing decisions have incurred the wrath of the local district attorney), intending that it will cause a public furor, while knowing, or in reckless disregard of, its falsity.”

This testimony suggests, decisively, that Wedge possessed either a brazen disregard for the actual truth or a deliberate intent to give credence to a controversial story that he knew (at the time) to be false.

Neither Wedge, nor any other Herald employee who testified at trial, could name one person at the Herald who either edited, or checked for accuracy of, the content of Wedge’s articles. It is fair to say that, by the end of Wedge’s testimony, his credibility on any material factual point at issue was in tatters.

You think they would learn their lesson about "unnamed sources" ...

 

[#12]

Don't you need to prove intent to defame? How would the Pats do that?

I think if the Pats can prove that their information was false, and it was printed with reckless regard to facts (using unnamed sources etc) they could do it. In the other case I printed above, they proved it on numerous accounts. Also, the fact that it came out right before the superbowl could show "deliberate intent to give credence to a controversial story that he knew to be false". I just look to the other case as ways to prove the Pats case but it would first start by showing what they printed as fact was wrong.

 

[SVN]

florio says "likely". he says a lot of "likely" things which are just his own opinions

 

[JoeSixPat]

Don't you need to prove intent to defame? How would the Pats do that?

Winning the case wouldn't be the point... it'd be to send a message that the next time a newspaper wants to run a story at a critical juncture - i.e. Super Bowl eve - based solely on heresay, they need to know that there will be consequences.

Even if the Herald "wins" the suit they lose in terms of legal expenses and the embarrassment of running stories without legitimate sources.

 

[signbabybrady]

Not quite sure why people think they should spend so much money on corners. God knows I love Asante, and I'm thankful for all he's contributed to NE, BUT it makes me a little sick that clubs are willing to give corners $80mil+ deals. IMHO, I just think thats completely insane. Im not trying to say that corners arent important, of course thats not true, just unsure why ppl are throwing such massive amounts of money at them. It's stupid. I see Asante going to Atlanta, if he leaves NE...it just makes the most sense to me. Esp. since they let Hall go.

Teams are willing to spend so much on CB because of the Trend in rules that help the passing game. I think they feel in order to compete you have to slow down the Passing attack that the rules comittee is trying to inflate.

 

[sieglo]

Teams are willing to spend so much on CB because of the Trend in rules that help the passing game. I think they feel in order to compete you have to slow down the Passing attack that the rules comittee is trying to inflate.

Top cornerbacks make the second highest money per position in the league, just slightly under top QBs. That is amazing, when you consider how essential a franchise QB is to a team, and you take into account the inconsistency and potentially short careers of top CBs.

 

[TheSparks1]

Re: Florio: Herald, likely bracing itself for a defamation lawsuit

I know Florio can throw some bullsh!t out there (RANDY MOSS SUPRISE CUT?), but didn't he say something back in September about a "bombshell" about to be revealed regarding SB XXXVI? This guy gets some solid info, and he is probably right about the lawsuit.

I completely agree. Some people hate Florio because of the Randy Moss situation, but he didn't just make that up on his own. He has great sources throughout the NFL and for the amount of stories that he breaks, his ratio of accurate to inaccurate stories is very high.

Do you think the Herald is insured against such a lawsuit? They're in financial trouble over there enough as it is. I'm not sure how much of a penalty they could absorb if they are found liable.

 

[SoonerPatriot]

I think they just need to prove that Tomase's piece was done with reckless disregard of the facts along with reckless disregard of whether his accusations were false.

Since he only had one source and never attempted to acquire a second or third I believe there would be a case for defamation.

It came off as a rush job to me, but what do I know, I've only been in the newspaper business for 10 years.

 

[Joker]

do people still give you good tips around Christmas time for delivering their papers, Sooner? :::

 

[IcyPatriot]

Why are they wasting time ... they should can Tomasse now ...

 

[cupofjoe1962]

I hope the Patriots are able to resign Asante !

The idea of Hobbs and a rookie CB makes me ill !