By: Hugo S. Cunningham

Hugo S. Cunningham — Tue, 15 Nov 2011 03:12:29 +0000

In an ideal world, the same jury would hear the “retaliation” suit as heard the original discrimination and failure-to-represent suits. If they agreed that the underlying discrimination claim was frivolous, they would be inclined to reject a lawsuit against truthful speech. If they thought the discrimination claim had merit, however, they might find against the article, as an attempt to mobilize unjustified intimidation.

Comments on: Speech criticizing lawsuit = “retaliation”

By: Hugo S. Cunningham