I tell folks all the time that defamation cases are difficult. There are elements that the Plaintiff needs to establish. Plus, even if those elements are established, certain defenses may be available.
Oh and it is virtually impossible in the context of a phone call, email or initial consultation for any attorney to tell you whether you have a case. There is much work to be done in defamation cases.
Turning to the Boehiem case. I blogged in December that the case was a “long shot.” I wasn’t trying to be clever with the basketball reference. I really meant that the case was a loser from the opening tip. (Here I go again). The case just seemed legally insufficient. As Dick Vitale would say: “it’s an M and M’er – a mismatch baby!”
To me it smelled liked a shakedown of a high profile coach and a university with deep pockets.
Anyway – game over. The judge dismissed the lawsuit.
Why?
Because Boeheim’s comments were not considered “statements of fact” but simply his “opinion.” And opinions – well you know what they say – everyone has one. And in this case Boeheim was entitled to his.
Judge Tosses Defamation Suit V. Syracuse, Boeheim – ABC News