What is the average/reasonable cost (or range of cost) of a Libel/Defamation lawsuit resulted from "thedirty.com"?

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Is it possible to just have the page/post removed and not sue for damages? How long would this sort of thing usually take? I know the website assumes no initial reliability, are they ever eventually reliable?

Attorney Answers

3
Brian Pascale ·
You should speak with a Personal Injury Attorney immediately. Here are the basics on Defamation: Defamation is a false statement of fact against an individual’s character or reputation, either intentionally or negligently published to a third person, holding the defamed person up to ridicule, contempt, hatred, shame, or disgrace. There are two types of defamation: Slander and Libel. Slander is an untrue spoken statement about a person that harms their reputation and standing in their community. A person injured by slander can bring a civil lawsuit against the party that made the false statement. Where a person is defamed in writing, it is called libel. Libel also includes television broadcasts. In many ways libel is more serious because it is more likely to reach a far greater audience. In New York a libeled person’s damages are presumed because the defamatory statement is preserved for a greater period of time. It is important to note that the statute of limitations for defamation is different in each state. A statute of limitations is the time that a civil or criminal action must be brought forward. The limitations period begins when a defamatory statement is communicated to someone other than the plaintiff. For instance, in New York, New Jersey, and California the statute of limitations is one year. However, in Washington and Indiana it is two years. Because the time to bring an action defamation is shorter than a negligence action, it is imperative that a person who believes they have been defamed speak with an attorney immediately. I assisted my brother in writing several articles on this topic. Two of them are listed below: http://www.suite101.com/content/defaming-the-innocent-a136272 http://www.suite101.com/content/will-justice-be-served-in-hofstra-rape-fraud-a149714 I wish you the best of luck.
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Charles Lee Mudd Jr.Internet LawyerChicago, IL ·
Although not licensed in New York, I have handled similar matters in several states. I answer your question based on my experience obtained in representing individuals over several years with these type of matters. I would begin by reiterating my colleagues comment regarding the statute of limitations with respect to defamation - and privacy claims - regardless of the content on "thedirty.com." That being said, you really do not provide enough information with which to comment much further. Nonetheless, I will respond to your questions as best as I am able to do so. There is no way to estimate a useful number for the cost of a defamation lawsuit. It depends on your objectives, the parties, the comments at issue, the court, and so many other factors. Yes, you can pursue the removal of the content and not sue for damages. In fact, you need not even file suit to initially make efforts to obtain this result. As for the length of time, it all again depends. 47 U.S.C. § 230 provides immunity to hosts of content posted and/or published by third parties. It is extremely difficult to overcome this immunity. I hope these comments have helped. Charles Mudd
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Vivek Suri ·
You should consult with an attorney. If the attorney takes the lawsuit on a contingency basis, then you don't pay any legal fee until there is money recovered. If the attorney works on the lawsuit on an hourly rate, then you would pay for legal fees the amount of time the attorney spends on the case.
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