Comments on: Look for the union libel https://www.overlawyered.com/2006/07/look-for-the-union-libel/ Chronicling the high cost of our legal system Wed, 28 May 2008 16:43:30 +0000 hourly 1 By: Deoxy https://www.overlawyered.com/2006/07/look-for-the-union-libel/comment-page-1/#comment-3546 Tue, 25 Jul 2006 11:12:38 +0000 http://overlawyered.com/wpblog/?p=3745#comment-3546 “controversial” is not necessarily “defaming”.

Someone claiming that humans were put on this planet by aliens = “controversial” (and stupid)

Someone claiming that I don’t do the service I charge people for = “defamation”

There’s a fairly large difference. Much as I hate the legal system as it currently exists, not all lawsuits or large verdicts are automatically unjust.

If the union really did put out a mass mailing of any significant size that really did claim that Sutter Health used unclean linens and Sutter Health really doesn’t use unclean linens, then that’s fairly serious defamation. It would also be libel.

]]> By: Walter Olson https://www.overlawyered.com/2006/07/look-for-the-union-libel/comment-page-1/#comment-3545 Mon, 24 Jul 2006 17:45:52 +0000 http://overlawyered.com/wpblog/?p=3745#comment-3545 Well, as is not uncommon, there’s more than one possible view to be taken of the case. One reader who sent in the story took the view that it’s only fair for a union to face the same kind of tort-liability risk that a business would face under similar circumstances — such exposure might even broaden the constituency for litigation reform. My main reaction, however, was disquiet that a group’s engagement in controversial speech — what one of its supporters called “propaganda” — has just landed it in a potentially ruinous $17 million verdict. The threat of such liability can chill a lot of speech, including speech that is not as rancorous and unfair as the union’s speech appears to have been in this instance.

]]> By: JKoerner https://www.overlawyered.com/2006/07/look-for-the-union-libel/comment-page-1/#comment-3544 Mon, 24 Jul 2006 17:24:37 +0000 http://overlawyered.com/wpblog/?p=3745#comment-3544 I applaud Sutter’s litigation, and I hope this verdit is upheld on appeal. Unions get too much federal protection anyway; civil suits might be a good way to level the playing field.

]]> By: Seth (not a lawyer) https://www.overlawyered.com/2006/07/look-for-the-union-libel/comment-page-1/#comment-3543 Mon, 24 Jul 2006 09:57:06 +0000 http://overlawyered.com/wpblog/?p=3745#comment-3543 I’m curious: Is the point of this post that the $17.3 million award was outrageous? Or that Northern California health care filed a frivolous lawsuit against Unite Here?

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