Comments on: Calling someone “total idiot” not defamatory https://www.overlawyered.com/2015/01/calling-someone-total-idiot-not-defamatory/ Chronicling the high cost of our legal system Thu, 29 Jan 2015 17:21:44 +0000 hourly 1 By: KDP https://www.overlawyered.com/2015/01/calling-someone-total-idiot-not-defamatory/comment-page-1/#comment-318808 Thu, 29 Jan 2015 17:21:44 +0000 http://overlawyered.com/?p=51058#comment-318808 My cousin had a good retort when called a moron: “I’d rather be a moron than a lesson.” (You have to say it out loud for full effect.)

]]> By: Bill Poser https://www.overlawyered.com/2015/01/calling-someone-total-idiot-not-defamatory/comment-page-1/#comment-318772 Wed, 28 Jan 2015 20:53:35 +0000 http://overlawyered.com/?p=51058#comment-318772 Out of context, calling someone a “total idiot” is pretty clearly a matter of subjective opinion and therefore not actionable. In the context of this suit,, however, it seems less obvious to me because the intention seems pretty clearly to be to say that the inspector is not competent, which is arguably objective and actionable.

I’m also surprised that the case went to the Supreme Court before someone realized that a non-lawyer owner could not represent his business. That you can’t appear pro se for your business since you and the business are distinct legal entities is very well established law, is it not?

]]> By: Chris Hoey https://www.overlawyered.com/2015/01/calling-someone-total-idiot-not-defamatory/comment-page-1/#comment-318765 Wed, 28 Jan 2015 17:53:58 +0000 http://overlawyered.com/?p=51058#comment-318765 The filing of the law suit itself established the truth of the remark, thus providing the defense.

]]> By: Jim Sweet https://www.overlawyered.com/2015/01/calling-someone-total-idiot-not-defamatory/comment-page-1/#comment-318759 Wed, 28 Jan 2015 15:47:16 +0000 http://overlawyered.com/?p=51058#comment-318759 So is “litigious total idiot” defamatory?

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