Re: Terry Polevoy vs Ilena Rosenthal

awthrawthr@xxxxxxxxx wrote:
Anonymous wrote:
New on the scene and interested in reaction to the prospect
of libel in a case where the alleged libel was based on
facts. Note this

There are over 2,500 plus internet references to Polevoy having
stalked radio host Christine McPhee. There are police reports
and depositions. So where's the libel?

In fact, many references include materials eluding to Polevoy's
predilection to libel, defamation, fraud, molestation, impersonation,
deception, false claims and complaints, misleading healthcare consumers,
commercial interference, copyright and trademark infrinement...........

Doesn't libel have to be false?
Where is the evidence proving these claims are false?

I am not a lawyer, so take this with a grain of salt.

Salt is not good for you. :)

My understanding
is that when it comes to libel, the person who is alleged to have done
the libeling is the one who has to demonstrate the accuracy of the
(written?) statements that were made.

Correct. The saying is that truth is the defense to defamation.

The one who is allegedly libeled doesn't have to prove the statement to
be false. Otherwise one could say, "So and so beats his wife on a
regular basis." How does one prove that he didn't do so? That's
'proving a negative.'

Good analogy.

For instance, I'm involved in a defamation suit where I was falsely
accused of stealing in excess of $100,000. A criminal complaint was
filed against me. Although I didn't steal anything, imagine trying to
prove you didn't steal something.

Falsely being accused of a crime, whether it is stalking or grand larceny, is definitionally defamatory.

So in this case, the other party would have to provide evidence that I
did steal $100,000+...which will be impossible since I didn't steal
even a penny.

If he's unable to provide the evidence, he is more than likely going to
be held liable.

Correct, especially if you can show damage to your good reputation.

Of course, if someone has a bad reputation, and is libeled, there is no damage and no case.

The moral of the story is this: don't get into a business relationship
with an Iraqi. If there is a disagreement, they have a tendency to
trump up criminal charges in order to avoid having to hire a lawyer to
settle the business issues. He was apparently advised by another Middle
Easterner to use this tactic. I found out he had done a similar thing
to someone else previously and got away with it. Well, he won't be
getting away with it this time.

I telephoned Polevoy's regulators the College of Physcians &
Surgeons and they advsied me they were aware of the "Polevoy Problem"
and asked that I put my concerns in writing. This I have done.

The real moral of this story is to make sure your posting of defamation is from an untraceable account.
.

Relevant Pages

  • Re: Terry Polevoy vs Ilena Rosenthal
    ... of libel in a case where the alleged libel was based on ... facts. ... There are over 2,500 plus internet references to Polevoy having ... Surgeons and they advsied me they were aware of the "Polevoy Problem" ...
    (misc.health.alternative)
  • Re: Terry Polevoy vs Ilena Rosenthal
    ... of libel in a case where the alleged libel was based on ... facts. ... There are over 2,500 plus internet references to Polevoy having ... Surgeons and they advsied me they were aware of the "Polevoy Problem" ...
    (misc.health.alternative)
  • Re: John Smit
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    (rec.sport.rugby.union)
  • Re: John Smit
    ... >> So, once the facts have been established, it will be a ... >> bouncer for defamation and libel. ...
    (rec.sport.rugby.union)
  • Re: Acceptance of the (Thiering) Pesher
    ... public, online forum, where you could libel her. ... Those are the facts - your ad hominem against me doesn't change the ... Because of your tendency to lie when backed into a corner, ... you promised, or admitting you can't do it, or admitting you ...
    (soc.religion.quaker)