Freddie Freeman's ex-agent is suing Doug Gottleib over a Tweet. Can he win? One definition could decide the case, Bill_Shea19 writes.
In the filing, Close states he and the agency are private figures and entities. In the U.S. legal system, the bar for success in a libel case is much lower for a private person than for a public official or public figure.
If Gottlieb’s camp convinces the court that Close is public, then Close’s odds of victory decrease, Niehoff said. If the court determines Close is a public figure, then he has to meet the standard of “actual malice” by Gottlieb, Lust said. “The law in this area is generally very favorable to defendants. The public doesn’t always appreciate this, because the cases that tend to get the most attention are the rare ones where a celebrity wins a lot of money. Johnny Depp and Hulk Hogan are examples. For every one of these cases that results in a big verdict, there are probably dozens that the plaintiff loses on a motion, at trial, or on appeal,” Niehoff said.
What often occurs in libel cases is a settlement, particularly if either side doesn’t want sources exposed during discovery or some other potential troublesome aspect made public.If it does get to trial, and regardless of whether Close is public or private, the case ultimately may come down to a single word: truth.
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